We move now to item 11, the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 21) Regulations 2021. I call on the Minister for health to move the motion. Eluned Morgan.

Motion NDM7863 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. 21) Regulations 2021 laid in the Table Office on 2 December 2021.

Motion moved.

Thank you very much, Llywydd. I move the motion before us today. Throughout the pandemic, this Government has worked quickly in response to the latest scientific and medical advice. Our views have been proportionate: we've relaxed restrictions when it was safe to do so, and tightened up those restrictions when entirely necessary in order to safeguard Wales.

Since 7 August, individuals who are fully vaccinated, and those under the age of 18, don't have to self-isolate if they are identified as a close contact of a positive coronavirus case. But in response to an increase in cases, our advice changed on 29 October to recommend that household contacts who are vaccinated or under 18 should self-isolate until they get a negative PCR test result. It's a requirement for contacts who are unvaccinated to isolate for 10 days in both scenarios. The context of the pandemic has changed once again.

As Members are aware, the omicron variant of coronavirus was first detected on 23 November and was designated a variant of concern by the World Health Organization on 26 November. We now have multiple cases in Wales, and signs of community transmission across the UK. We are prepared to respond rapidly to any emerging variant—[Interruption.] Excuse me. I'm very sorry. Any emerging variants of concern, through intensive investigations and robust public health actions to slow any spread within our communities. Whilst we are still learning about the omicron variant, its emergence is a serious development and a threat to public health. Whilst numbers remain very small, it is important that we do everything to find and contain the spread of the variant to delay community transmission as long as possible, whilst we learn more and are able to give more people their booster.

The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 21) Regulations 2021 provide that when an adult has been notified that they had close contact with a person who has tested positive for coronavirus that is, or may be, the omicron variant, the adult must self-isolate for 10 days, regardless of their vaccination status. And, when an adult is notified that a child for whom they are responsible has been a close contact of someone who has tested positive for coronavirus that is, or may be, the omicron variant, the child must isolate for 10 days.

Llywydd, let me be clear. These new measures have not been introduced lightly, but with this high level of uncertainty, it is right that we continue to be guarded. The new measures in the regulations will help us to safeguard Wales as we understand the new variant better and decide on our next steps. I am very pleased that we have an opportunity to discuss this motion today. I look forward to hearing the comments of Members and I encourage Members to support the motion.

I now call on the Chair of the Legislation, Justice and Constitution Committee to contribute—Huw Irranca-Davies.

Thank you, Llywydd and thank you, Minister. We considered these regulations at our meeting yesterday, and our report was laid immediately afterwards.

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. Our third merits reporting point notes that the explanatory memorandum accompanying the regulations makes no reference to an equality impact assessment. We asked the Welsh Government to explain what arrangements it has made in respect of these regulations to publish reports of equality impact assessments in accordance with the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011. In its response, the Welsh Government told us that, whilst a full regulatory impact assessment has not been prepared and published in relation specifically to these regulations because of the need to put them in place urgently, a summary impact assessment will be published as soon as practically possible.

This is not the first time that our committee has raised a merits point asking the Welsh Government to explain what arrangements it has made as regards equality impact assessments. It is becoming something of a recurring theme that, unfortunately, the Minister is getting caught up in here. I'd like to take this opportunity to again provide some what I hope is genuinely constructive feedback to the Welsh Government. I think it would help—and our committee thinks it would help—Senedd Members and the Welsh Government, and anyone, in fact, following the Senedd's scrutiny of these matters, if the explanatory memoranda to coronavirus regulations provided information about equality impact assessments just as a matter of course. Including what should be basic information in these explanatory memoranda would, in our view, be relatively straightforward to do and lead to greater transparency in the making of the legislation. Minister, thank you very much and I hope that that's a helpful suggestion for future regulations of this type. Diolch yn fawr iawn.

The Welsh Conservatives will be supporting these measures today, which we believe are proportionate and clearly beneficial for the physical health of the Welsh public. We agree with the provisions for domestic self-isolation to reflect the emerging situation and slow down community transmission of the virus. We will be supporting you today. However, we should always remember the unintended consequences of restrictions and lockdowns on the mental health and well-being of the residents of Wales. We saw that, during the last set of restrictions, the number of people seeking help got bigger and bigger. So, can the Minister outline what steps and consideration the Welsh Government are giving to the impact of any future restrictions on the health and well-being of the people of Wales? Diolch, Llywydd.

Thank you to the Minister. We will be supporting these new regulations today. They are very sensible at a time that is clearly a dangerous one during this pandemic. It is important that we do the fundamentals right and, of course, isolation is one of those fundamentals and we need to be quite strict on that at this point. So, I welcome this change that appears to us to be proportionate to the new threat that we are facing. As a result of the new variant, my appeal is the same: whilst hoping, as I said earlier, that we will not need to take strict measures in terms of introducing broad-ranging restrictions on individuals and society between now and Christmas, I do believe that it's important as a matter of principle that if there is an intention to bring those forward, we as a Senedd do have an opportunity to gather virtually in order to scrutinise and vote on that too. Thank you.

The Minister to reply—Eluned Morgan.

Diolch yn fawr. Thank you, Huw, and thanks for the consideration of your committee. I just would appeal to you to consider the kind of urgency with which we had to introduce these. Of course we're always very anxious to do an equality impact assessment, and that summary impact assessment will be done as soon as practically possible. Of course, all the people who are all hands on deck at the moment are being asked to do so many additional things at the same time. So, we're very keen. I take on board your suggestion. I'll see how practical that is and whether that would have made a difference in this particular instance because of the urgency of the situation. 

James, we are acutely aware of the unintended consequences of asking people to self-isolate, in particular on people's mental health, and that's why I discussed with the Deputy Minister for mental health the impact on mental health this week, about what we're doing in this space, and she was very clear to me that she has asked for further promotion of the CALL mental health helpline to be promoted in the face of this. 

Rhun, thank you, obviously we will keep the Senedd informed in terms of any proposed changes. We are dealing with this in real time. It happens to fall at a time when the Senedd will be closing, and obviously we'll be keeping in close contact with the Llywydd, who I'm sure will make some judgments as to whether or not the Senedd will need to be recalled.

The proposal is to agree the motion on these regulations. Does any Member object? I don't see any objections. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.