5., 6. & 7. The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 22) Regulations 2021, The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 23) Regulations 2021 and The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021

Part of the debate – in the Senedd at 5:18 pm on 11 January 2022.

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Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 5:18, 11 January 2022

Llywydd, I move the motions before us. As the First Minister set out last week, omicron is now the dominant form of the virus in Wales and cases have been rising sharply. Cases are far higher now than they were at the peak of the previous waves. Omicron is already putting significant pressure on the NHS at the busiest time of year, not just from rising hospital admissions, but through staff absences. Staff sickness levels are similarly rising in other public services. Before us today are three sets of amendment regulations. These stem from Cabinet having moved to a weekly review of the coronavirus regulations following the arrival and spread of the omicron variant.

Firstly, No. 22 amendments from 11 December clarified face masks must be worn in theatres, cinemas and concert halls. They also made face coverings a legal requirement during professional driving lessons and practical tests in Wales. From 15 December, prior recovery or natural immunity was removed as a way of demonstrating COVID-19 status for the purposes of the COVID pass.

Secondly, before us today are the No. 23 amendments. From 20 December, these placed a legal duty on employers to allow their employees to work from home where this would be a reasonable measure to take, and on employees to do the same where practicable. The importance of working from home as a mitigation measure has been set out repeatedly by SAGE and TAG. This is particularly important when case rates in the community are high. Contacts in the workplace can be a significant driver of transmission. A specific duty on the individual is intended to support employees by providing them with the requirement to point to if there is a dispute with an employer who is making people go to work when it is not necessary or reasonable. This is not a new provision; it was formerly a legal requirement up until July 2020 with the same sanctions applying then as now. We're not aware of any fixed-penalty notices being issued to individuals throughout the whole period that this was in law during 2020. It is expected that the same proportionate approach will be taken by enforcement bodies of educating and advising individuals prior to taking any enforcement actions. I think it's worth saying that if these are not supported, then these regulations will cease to have effect from the end of today and there will be fewer measures in place to protect workers.