The Lords Secondary Legislation Scrutiny Committee has published
a report on the Government’s Regulations in respect of wearing
face coverings in public places.
The Regulations came into effect on 24 July 2020 and require
members of the public to wear face coverings whilst inside shops,
shopping centres and transport hubs in England. This in line with
the Government’s view that face coverings may help reduce the
likelihood of passing on COVID-19 to others, particularly if
someone is asymptomatic.
Enforcement methods and various exemptions for the non-wearing of
face coverings broadly mirror the existing legislation that
requires face coverings to be worn on public transport.
Although enforcement is a matter for the police and specified
officials, government guidance says: “Businesses should take
reasonable steps to encourage customer compliance”. Shop managers
and their employees are, however, exempt from an obligation to
wear a face covering.
The Committee recognises that there are practical reasons for
this difference in requirement to wear a face covering,
(uncomfortable to wear for long periods on duty for example), but
suggests it can reasonably be anticipated that difficulties may
arise where staff in shops, who are not wearing face coverings,
ask a member of the public to put one on.
The Committee concludes that “given the potential challenges …
the Government should keep the implementation and effectiveness
of this policy and any sensitivities arising from it under close
scrutiny”.
Lord Hodgson, Chair of the Secondary Legislation Scrutiny
Committee said:
“When we discussed this issue, the Committee had real concerns
that staff in shops asking customers to wear a face covering
could find themselves in a potentially difficult position if
customers challenge them in return on why they aren’t wearing
face coverings themselves.
“We recognise the reasons for these different requirements but
note that the Government must continue to monitor how effectively
this policy can be implemented.”
Notes to Editors
-
The Health Protection (Coronavirus, Wearing
of Face Coverings in a Relevant Place) (England) Regulations
2020 (2020/791) are
available on the Legislation.gov.uk
website. They were laid on 23 July 2020 and brought into effect
on 24 July 2020 although the House has until 20 September 2020
to raise any issues with the Regulations.
-
A previous instrument required the wearing of masks
on public transport - Health Protection (Coronavirus, Wearing
of Face Coverings on Public Transport) (England) Regulations
2020 (S.I. 2020/592).
-
The Government have published guidance for the
public on face coverings
https://www.gov.uk/government/publications/face-coverings-when-to-wear-one-and-how-to-make-your-own/face-coverings-when-to-wear-one-and-how-to-make-your-own
-
The Government have also published guidance for
shops https://assets.publishing.service.gov.uk/media/5eb9703de90e07082fa57ce0/working-safely-during-covid-19-shops-230720.pdf
– see in particular section 6.
-
The commentary is published in the SLSC’s
24th Report of the 2019-21 Session. See
publications page: https://www.parliament.uk/business/committees/committees-a-z/lords-select/secondary-legislation-scrutiny-committee/publications/
