5. The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 19) Regulations 2021

Part of the debate – in the Senedd at 4:39 pm on 9 November 2021.

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Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 4:39, 9 November 2021

Our report raised what Members will now recognise as quite familiar merits points under Standing Order 21.3, namely highlighting any potential interference with human rights, and the lack of formal consultation and equality impact assessment for the regulations. We acknowledged the Welsh Government’s justification in relation to these points, as set out in the explanatory memorandum. However, for the purpose of today's debate, I would like to highlight our subsequent discussion on the regulations and in particular, on the wording used in the accompanying written statement from the Welsh Government. I know that the issue of what is guidance and what is law was raised with the Minister for Health and Social Services in this Chamber last Tuesday. If I draw attention of the Chamber to the written statement, it says that, and I quote:

'Fully vaccinated adults and children aged five to 17 must self-isolate if someone in their household has symptoms or tests positive for Covid-19 until they have had a negative PCR test result.'

However, neither these regulations, nor the No. 20 regulations, which we also considered yesterday, require isolation as described in the statement. Now, our committee thinks that this presents a concerning lack of clarity over what is law and what may, indeed, be sensible Government advice. Similar concerns were raised by our predecessor committee in its scrutiny of some COVID-related regulations during the fifth Senedd, and they were noted in the legacy report.