7. The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021

Part of the debate – in the Senedd at 5:08 pm on 5 October 2021.

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Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 5:08, 5 October 2021

Wow, follow that, Janet. Minister, I cannot support the mandatory use of domestic vaccination passes or passports, and this is largely due to the wide-ranging ethical, equality, economic, privacy, legal and operational ramifications that such regulation will bring. The Equality and Human Rights Commission in their response to the UK Government's consultation on the idea of COVID status certification highlighted the important ethical and equality issues that would need to be considered before any such legislation could be implemented. In particular, as highlighted in paragraphs 13 to 15 of the commission's reply, these concerns fall within the following areas: 13, that 

'there are concerns about potential for discrimination or for infringement of civil liberties in the use of certification status to travel, go to work, enjoy social activities and access essential services, and the creation of a two-tier society'— and that was said by Russell George—

'whereby only certain groups are able to fully enjoy their rights. These equality and human rights considerations must be considered'— and must be proven in detail by this Government here—

'with clear steps taken to address any anticipated negative impacts.'

So, with this in mind, would you clarify whether the Welsh Government considers a COVID pass to be discriminatory and an infringement on civil liberty? Given the protected status of an individual's medical information, including vaccination status, will you also outline what consideration you've given to the data protection implications of occupiers requesting the vaccination status of individuals entering buildings?

Now, recent conversations that we've had with the Night Time Industries Association Wales have made it clear that club nights and shows can take place at any bars and multiplace venues, as well as out-and-out nightclubs. Similarly, many pubs and bars have very similar late night offerings to nightclubs. So, Minister, how is the Welsh Government defining a nightclub under its COVID passport regulations? Specifically, at what point does a pub and bar become a nightclub requiring passport access?

Vaccine passports would require nightclubs to change a key part of their operating model, having just invested in reopening without this requirement. Nightclubs are already amongst some of the most badly hit businesses during the pandemic, with a number of businesses now saddled with severe debt and rent arrears. And, to be honest, there's no support mentioned for the additional capital investment that they'll need. With this in mind, Minister, what impact assessment have you undertaken prior to implementing these regs, and what financial support will be available to assist with the implementation and enforcement of these passports? So, you can understand these—