Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 — House of Lords, 2020-07-08
Topic: Health
Charlotte Vere (Conservative, Centre-right): My Lords, the Government are committed to ensuring the safety of passengers travelling on the transport network during the Covid-19 pandemic. We have therefore introduced these regulations to make it mandatory for passengers to wear a face covering while using public transport services in England from 15 June To give a bit of background, this instrument was made on 15 June under powers conferred by the Public Health (Control of Disease) Act 1984. These regulations are exceptional measures brought forward to mitigate the unprecedented impact of the Covid-19 pandemic and to comply with all the Government’s obligations relating to human rights. Although these regulations are a necessary response to the serious and imminent threat to public health posed by the spread of coronavirus, they are being brought before your Lordships’ House today for the scrutiny and debate they require under emergency procedures approved by Parliament for such measures. These regulations help save lives. That is why Parliament has given Ministers these powers Although our advice remains to work from home if you can and to avoid public transport where possible, there is now an increased demand for public transport as sectors of the economy reopen and more people return to work. The public transport network is vital to the safe reopening of the economy and the regulations were made to coincide with the easing of other lockdown measures to help protect people from each other on public transport, where it is not always possible to maintain social distance The evidence shows that wearing a face covering offers some protection from transmitting the virus to others. These regulations sit alongside existing advice on social distancing and practising hand hygiene, which remain critical. We have worked closely with transport operators to ensure widespread communication around the need to wear face coverings on public transport and we have set out the detail of this policy in our guidance, including information on enforcement and the exemptions in place for those unable to wear a face covering As expected, initial reports from operators and Office for National Statistics surveys show widespread compliance with the requirement to wear a face covering on public transport. There is and continues to be public support. We will continue to monitor compliance and our approach to enforcement As I said, the regulations introduce a requirement for passengers to wear a face covering while travelling by public transport in England from 15 June unless they are exempt or have a reasonable excuse not to do so. The regulations apply to passengers travelling on public transport in England by bus, coach, tram, ferry, hovercraft, cable car, aircraft, and domestic and international trains. School transport services, services provided by taxis and private hire vehicles, and cruise ships are excluded from the regulations The regulations describe a face covering as a covering "of any type" covering the wearer’s nose and mouth. People should make or buy their own. Although the Government expect the vast majority of people to comply with these changes voluntarily, the regulations include powers for operators and the police to deny access to a service, to direct someone to wear a face covering, or to direct someone who is not wearing a face covering to leave a service. Operators have discretion over whether they choose to use these powers; they do not have an obligation to do so The police also have the power to remove passengers from vehicles and to use reasonable force if necessary, as well as the power to direct an individual who has responsibility for a child aged 11 or over to ensure that the child complies with the regulations. If a passenger does not comply, there are new powers for the police and for TfL authorised personnel to issue a fixed penalty notice of £100 or £50 if paid within 14 days. Children younger than 18 cannot be issued with a fixed penalty notice The regulations create new criminal offences that are punishable with an unlimited fine. The Crown Prosecution Service has prosecution powers, as does Transport for London following a designation order made by the Secretary of State for Transport on 30 June. However, engagement rather than enforcement is our preferred approach, with enforcement as a last resort. We expect to see a gradual ramping up of enforcement, supported by significant communications campaigns, over the coming months Although we want as many people as possible to wear face coverings, we recognise that some people are not able to wear one for a variety of reasons. As a result, the regulations exempt certain people and provide a non-exhaustive list of what is described as a "reasonable excuse" not to wear a face covering A review clause is included in the regulations, requiring a review of the need for the requirements imposed by the regulations at least every six months. A sunset clause is included so that the regulations expire at the end of 12 months after the day they came into force. We will continue to monitor the impact and effectiveness of this policy in the weeks and months ahead and will develop our approach to enforcement and communicating the policy as necessary The mandatory requirement to wear a face covering on public transport is a key addition to our safer transport guidance to passengers and will help maintain public health as lockdown restrictions are eased. I commend the regulations to the House.