5. & 6. The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 and The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021

– in the Senedd at 4:56 pm on 15 June 2021.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:56, 15 June 2021

(Translated)

I see no objections, and therefore I call on the Minister for health to present the two sets of regulations.

(Translated)

Motion NDM7705 Lesley Griffiths

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

1. Approves The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 laid in the Table Office on 4 June 2021.

(Translated)

Motion NDM7709 Lesley Griffiths

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

1. Approves The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 laid in the Table Office on 8 June 2021.

(Translated)

Motions moved.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:56, 15 June 2021

(Translated)

Thank you very much, Llywydd. I formally move the motions before us. The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 set the legislative framework for the four alert levels described in the coronavirus management plan. Members will know that a review of restrictions must be held on a three-weekly basis. The most recent review was conducted on 3 June. All regulations related to coronavirus are made through the urgent affirmative process. This allows the Cabinet to make changes immediately to the regulations whilst still enabling Members to discuss them within 28 days of them coming into force. It's important that we do scrap restrictions as soon as possible if they are no longer proportionate, given the significant social and economic impact that they can have on the basic freedoms of people and businesses in Wales. For this reason, I encourage Members to support these amendments.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:57, 15 June 2021

Wales still has the lowest rates of confirmed cases of coronavirus in the United Kingdom. Alongside this, the incredible pace of our vaccination roll-out continues. Yesterday marked a key milestone whereby every adult in Wales has been offered the vaccine. However, the worrying rise in the number of delta variant cases brings a new level of uncertainty. Public Health Wales has reported that this more transmissible variant is now the dominant variant in Wales.

The No. 11 amendment regulations before us today provided for Wales to move in part to alert level 1 from 7 June. We're moving to alert level 1 in a phased way rather than in one step. This reflects the uncertainty surrounding the delta variant. It's also consistent with the cautious approach that we've adopted in Wales throughout the pandemic.

This first phase has focused mainly on easing restrictions on outdoor events and activities. This will give time for more data on the delta variant to become available and for more people to be vaccinated. Up to 30 people can now meet outdoors, including in private gardens, outdoor hospitality and public places. Larger outdoor organised gatherings and events for up to 4,000 people standing and 10,000 people seated can now also take place. This includes some concerts, football matches and sporting activities like organised running groups. All organisers must undertake a full risk assessment and put in place measures to minimise the risk of exposure to and spread of coronavirus, including social distancing.

Finally, regulations now will allow for an extended household to be made up of three households who can meet and have contact indoors. We'll consider further changes to the regulations focusing on whether we want to allow further indoor activity later this week. We will remain cautious; we will only introduce further relaxation if public health conditions allow.

Members will be aware that when we make these decisions, of course, in the future few days, there are signs that the UK is entering a third wave. The UK Government has paused its relaxation and we will need to assess the latest situation in Wales. We will, of course, continue to keep the proportionality of all restrictions under review.

Also being considered today are amendment regulations No. 12. This amendment clarified the rules to make sure up to 30 people can meet outdoors for any reason, including arranging a barbecue in a car park or meeting friends to celebrate a special occasion in a garden. This corrects an issue with the regulations that could have defined these activities as events and prohibited them.

I urge Members to support these amendments, which represent a continuation of our cautious approach to easing restrictions to help keep Wales safe. 

Photo of Russell George Russell George Conservative 5:01, 15 June 2021

Can I first of all say to the Minister that we'll be supporting, as Welsh Conservatives, the regulations this afternoon, as these regulations are clearly in regard to opening up our society and economy, which, of course, we support?

I did notice in your opening comments, Minister, that you mentioned that every adult in Wales has been offered the vaccine. It's not specifically in regard to these regulations, but as you mentioned that point, I did want to just ask on that point, because, certainly, there are some people who are not registered with GPs who have not been offered the vaccination. So, perhaps you could clarify whether, indeed, all adults have been offered the vaccine, and, if so, how those who are not registered with GPs have already been offered the vaccine, because that's certainly not the case from some of the feedback I've received.

In regard to the regulations, can I ask whether an equality impact assessment has been carried out in regard to these regulations? I ask the question in the context of thinking about the regulations last year, when we're thinking about those who have autism. If we can remember back, those with autism were only permitted to exercise once a day, and the regulations, I think, were later amended. So, it's important that, as we come out of the lockdown and restrictions are eased, we take all groups with us as best we can. I noticed there wasn't any mention of an equality impact assessment within the explanatory memorandum, so perhaps you could just address that point as well, Minister.

Photo of Elin Jones Elin Jones Plaid Cymru

This is a debate, not a statement; therefore, you'll respond at the end, Minister.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour

(Translated)

Sorry, you're right.

Photo of Elin Jones Elin Jones Plaid Cymru

That's fine, we're both making mistakes today. I vacated this chair—no, David Rees vacated this chair in order to take part in the debate, then I promptly forgot to call him. So, now, I will call David Rees, as the Chair of the legislation committee.

Photo of David Rees David Rees Labour

Diolch, Llywydd. The Interim Subordinate Legislation Committee considered both sets of regulations yesterday morning. We subsequently laid our reports yesterday morning to aid this afternoon’s discussion.

Members will be aware that both regulations make amendments to the principal Health Protection (Coronavirus Restrictions) (No.5) (Wales) Regulations 2020. Members will be aware, and will have heard this afternoon from the Minister, that the No.11 amendment regulations moved the whole of Wales to alert level 1 on 7 June.

Our report on the No.11 amendment regulations contains three merits points, and Members who sat through similar debates on coronavirus-related regulations in the fifth Senedd will be familiar with some of these issues.

Our first merits point notes the Welsh Government’s justification for any potential interference with human rights, and we have drawn particular attention to a handful of paragraphs in the explanatory memorandum that accompanies the regulations.

Our second point notes that there has been no formal consultation on these regulations, and again we have drawn attention to a summary explanation in the explanatory memorandum.

Our third merits point notes that the explanatory memorandum makes no reference to an equality impact assessment. As such, we asked the Welsh Government to explain what arrangements it had made to publish a report on equality impact assessments in accordance with the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011.

In its response, the Welsh Government told us that, following each review period, a summary impact assessment is published. It includes an equality impact assessment as well as covering well-being, children and human’s rights, the economy, and the Welsh language. Now, Welsh Government confirmed that the summary impact assessment for these regulations will be published by the end of this review period on 24 June.

Moving on to the No.5 and No.12 amendment regulations, Members will also be aware that these regulations further amend the principal regulations in relation to organising events. Now, our report contains two merits points, which are the same first two points raised on the previous regulations—that is the Welsh Government’s justification for any potential interference with human rights and the fact that there has been no formal consultation on these regulations. And I leave that with Members now to consider. Diolch, Llywydd.

Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru 5:05, 15 June 2021

(Translated)

We will be supporting these regulations. We’re clearly in a place where the number of restrictions is relatively low, so now we are asking the Government to continue to push the boundaries as to what can be done in terms of lifting these restrictions, but we of course support the principle of only doing those things that we know are safe. There are two or three questions that I wish to raise.

I note the great pride that we as a nation can come together in gardens and pubs to watch Welsh football matches in the Euros. There is, of course, a restriction on what people can do in expressing their support for the team in terms of restrictions on singing when people are indoors and so on. Can I ask, in a different context, what steps the Government is considering at the moment to lift the restrictions on congregational singing in places of worship, which is so very important to many people?

I note the deep frustration felt by many people the length and breadth of Wales in terms of the situation related to weddings. Of course, people naturally look across the border to England in terms of raising restrictions on the numbers attending weddings, so I wonder whether the Minister can give us guidance that is as clear as possible this afternoon in terms of what the Government is considering in terms of allowing higher numbers to attend weddings over the next weeks and months. That, I know, would be welcomed by hotels that are wedding venues, but also by those individuals who really want to make their arrangements. What’s most likely to happen according to the information that you have before you at the moment?

We of course all look at what happens in Downing Street in terms of the Prime Minister’s ambition of lifting all restrictions by 21 June. I never understood how he could make such an announcement months before hand, but he has now decided that that will not be possible for some weeks. But, what’s happening in England, whenever it happens, will have an impact on us here in Wales. So, if we reach a point where England removes all restrictions, what plans in terms of intensive communication will the Welsh Government have ready in order to educate and share information with people visiting Wales, for example, that the situation is different here if restrictions remain in place in Wales at that point? We know what the difficulties are in terms of preventing people from travelling and of course we want economic activity and tourism and other industries as long as that can happen safely, but we will need to communicate clearly to people that the situation may be different here in Wales.

Photo of Heledd Fychan Heledd Fychan Plaid Cymru 5:09, 15 June 2021

(Translated)

I'd like to echo the points raised by Rhun ap Iorwerth.

Photo of Heledd Fychan Heledd Fychan Plaid Cymru

Today I have been contacted by the parents of a young couple due to marry on 22 June. The couple have already postponed their wedding twice after being led to believe, from statements made by the First Minister on 14 May, that the regulations would change from 7 June to allow 50 people to attend a wedding reception indoors, rather than the 30, as it is now. They now face the very difficult decision, with a week to go, of disappointing 10 family members, which we all know is difficult enough when you can have unlimited amounts. There are countless other couples in the same position, such as a couple due to marry in a fortnight in Ceredigion, where, unfortunately, the bride has recently received a terminal diagnosis and would love more than anything to marry indoors, surrounded by 70 family members and friends.

I'm also aware of another couple living in Church Village who are due to marry in August, who, only yesterday, wrote to the First Minister on behalf of a number of couples with a number of innovative ideas linked to making weddings indoors possible for more people. And they're also perplexed, given the positive progress made here in Wales on the vaccination programme, why this can't happen.

Is it an oversight on behalf of the Welsh Government that the numbers allowed indoors for a wedding reception haven't yet been revised, and are there any plans to urgently change this? I think it's especially perplexing for couples that the number for outdoor wedding receptions has been revised and that they can have up to 10,000 people seated attending, which would be a massive wedding. But, can you provide any good news for those couples today and all the businesses linked to the wedding industry?

Photo of Elin Jones Elin Jones Plaid Cymru 5:11, 15 June 2021

(Translated)

The Minister to respond to the debate.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour

(Translated)

Thank you very much, and I thank David Rees for looking at this in his role as committee Chair.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour

Can I refer, first of all, to the human rights and equality impact assessment? As a part of the 21-day restriction review process, there is always an assessment carried out for each area of restriction and of easement, and we do a summary impact assessment for every decision that's taken place within that 21-day review framework. That includes a well-being impact, economic impact assessment, equality impact assessment, children's rights impact assessment, human rights impact assessment, and Welsh language impact assessment. So, we get to see those before we make the decisions. There is a practical issue of how quickly we can get those translated and get them to you, to publish them. So, they are on their way, as you have noted in your comments. The speed at which we have to make decisions in relation to these 21-day reviews means that, at times, it is difficult for us to consult on things where, in an ideal world, we would like to consult. Where possible, we do that, but we are obviously in a very difficult period at the moment. I hope, Russell, that's also responded to some of your concerns.

Just on your point about over-18s having the vaccine, of course, we have said that all adults over 18 have been offered the vaccine. If they haven't, it's because they're not registered, and we need them to register. So, if you could help us, if all the Senedd Members could help us, to try and really inform and ensure that anyone who hasn't been invited takes up that opportunity by contacting their health board, that would be a huge help to us, certainly in the Welsh Government. So, if you could help us with that endeavour, that would be marvellous.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 5:13, 15 June 2021

(Translated)

Rhun, you asked about restrictions on singing. I have pushed on this issue for some time. Every time I go to the cathedral in St David's, they ask me, 'Why can't we sing?' The problem is, the science is against us on this point. We're very eager as people to push forward with this, but the science is very clear on this, and that's why we can't go further. And we're very eager to press ahead, particularly in places of worship; we do understand how important that is to people.

And in terms of weddings—you've both raised that point—I understand that this has broken the hearts of many people. It is an emotional roller coaster to go through having to cancel and then reorganise and then cancel again, and that's why we've tried not to do what they've done in England, namely to say, 'This is what you need to do and we're going down this route.' We're trying not to let people down. But what we do understand is that weddings are different to other things, because you have to have a long time to organise them. Three weeks isn't enough time to do that. But that means, of course, that we don't know what the virus is going to look like during that period. We have looked at weddings in some detail, and we have asked the scientists to help us to see how far we can go in this area. Weddings are difficult, of course, particularly if people haven't seen each other for a year. That's the time when they're going to get close to each other. It's not like going to a concert where you don't know other people, so that is a very difficult situation in terms of the problems that can arise in terms of the virus. It is something that will be considered in the coming days, and I don't want to make any commitments. I am aware, and the Presiding Officer has also drawn my attention to the very sensitive case of a wedding in Ceredigion, and we are considering all of these situations, but we do have to follow the guidelines that are produced and the science that is placed before us in Cabinet.

In terms of lifting the restrictions in England, Rhun, you were clear about the fact that we're not really shocked that they've had to shift their timetable. I always thought it was strange that they would have a situation where someone like Mark Drakeford could go to a nightclub on 21 June because he'd had two jabs, but my son can't go. So, I always thought that there was no common sense applied to the development of that idea. And, in England, they haven't reached that point where everyone over 18 has been offered the vaccine.

In terms of the communication, this is an issue that we do have to consider because we want people to come and enjoy tourism in Wales. What we've done is we've developed a programme with the tourism board, the Addo programme, which is being advertised in England. So, if people do come, they are expected to comply with our rules. So, there is a marketing programme that's been developed around that. So, I hope that I have answered those questions. Thank you very much.

Photo of Elin Jones Elin Jones Plaid Cymru 5:17, 15 June 2021

(Translated)

Thank you, Minister. I'm still thinking about the First Minister in a nightclub; I'm fascinated to think which nightclub he might attend. The proposal is to agree the motion under item 5. Does any Member object? I see no objections, and therefore the motion is agreed in accordance with Standing Order 12.36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 5:18, 15 June 2021

(Translated)

The next proposal is to agree the motion under item 6. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 5:18, 15 June 2021

(Translated)

We'll move now to item 7 and 8, and, in accordance with Standing Order 12.24, unless a Member objects, the two motions under items 7 and 8 will be grouped for debate with votes taken separately. Are there any objections to that grouping? No.