Coronavirus Act 2020 (Review of Temporary Provisions)

I beg to move,

That the temporary provisions of the Coronavirus Act 2020 should not yet expire.

When we introduced the Act in March, I said that coronavirus was the most serious public health emergency that the world had faced in a century. Now, six months later, it is still the most serious public health emergency that the world has faced in a century. We have worked hard, overwhelmingly across party lines and sometimes at great pace, and come together to slow the spread of this virus. With the help of this Act, we protected the NHS, we built the Nightingale hospitals, and we welcomed thousands of clinicians back to the frontline. The Act helped people to get more appropriate care, faster; it helped the NHS and social care to harness technology like never before; and it has allowed the Government to deliver unprecedented economic support in troubled times. Although we have made huge strides in expanding testing and huge progress toward a vaccine, with the virus still at large, the Coronavirus Act 2020 and the measures within it remain as important as then.

Our strategy is to suppress the virus while protecting the economy, education and the NHS until a vaccine makes us safe. The Act is still needed to keep people safe. I understand that these are extraordinary measures, but they remain temporary, time-limited and proportionate to the threat that we face. Some of the measures we seek not to renew; some have, thankfully, not been used, but it is imperative that we maintain the ability to use them if needed; and some have proved critical to our response, and are now used to keep people safe every day. To stand down the Act now would leave Britain exposed at a time when we need to be at our strongest.

This virus moves quickly, so we need to have the powers at our disposal to respond quickly. It is deeply important to me that we strike the right balance between acting at pace and proper scrutiny. I believe in the sovereignty of Parliament, I believe that scrutinised decisions are better decisions, and I believe in the wisdom of this House as the cockpit of the nation.

This has been an unprecedented time. This House has had to do many unprecedented things, many of which have been uncomfortable. I have listened to the concerns raised about scrutiny. As you pointed out earlier, Mr Speaker, there have been times when this pandemic has challenged us all and we have not been able to do this as well as we would have liked. I therefore propose that we change the approach to bringing in urgent measures. I am very grateful to all colleagues we have worked with to come forward with a proposal that will allow us to make decisions and implement them fast, yet also ensure that they are scrutinised properly.

Today, I can confirm to the House that our significant national measures with effect in the whole of England or UK-wide, we will consult Parliament; whenever possible, we will hold votes before such regulations come into force. But of course, responding to the virus means that the Government must act with speed when required, and we cannot hold up urgent regulations that are needed to control the virus and save lives. I am sure that no Member of this House would want to limit the Government’s ability to take emergency action in the national interest, as we did in March.

We will continue to involve the House in scrutinising our decisions in the way my right hon. Friend the Prime Minister set out last week, with regular statements and debates, and the ability for Members to question the Government’s scientific advisers more regularly, gain access to data about their constituencies, and join daily calls with my right hon. Friend the Paymaster General. I hope these new arrangements will be welcomed on both sides of the House, and I will continue to listen to colleagues’ concerns, as I have tried my best to do throughout.

I thank my right hon. Friend for being prepared to listen and for the constructive conversations that we have had over the last couple of weeks. As he said, Members on both sides of the House understand the importance of Ministers having the freedom to act quickly when it is necessary, but we are grateful that he and other members of the Government have understood the importance of proper scrutiny in this place and the benefits that that can bring for better government.

I am grateful to my hon. Friend. I agree with him on the point about scrutiny. I am very glad that we have been able to find a way to ensure that we can have that scrutiny and that colleagues on both sides of the House can have the opportunity to vote, but in a way that still does not fetter the Government’s need to act fast to keep people safe from this virus.

I am extremely grateful to my right hon. Friend for what he has set out and the manner in which he has done it, and I thank him very much indeed. He said earlier that he would not be renewing some of these provisions. May I just invite him to say something about mental health, and also something about schedule 21 relating to potentially infectious persons?

I am grateful to my hon. Friend. We have been working together to try to find a way through this that works both for the House and for the circumstances. There has been a change in the way that schedule 21 is used, and I believe that has reduced some of the concerns in this area, but we will continue to keep it under review.

I will say something about mental health later in my speech. There are measures on mental health in the Act that have not been used and that we are not seeking to renew. I hope that reassures colleagues that we take a proportionate approach to these measures and that although we want to make sure we have the measures we need, when we do not need them we will set them aside.

I thank the Secretary of State for all he has done. I have spoken to him many times about these issues. I am sure that he, like me, has received lots of emails outlining concerns about the stripping back of health and social care. The Government must ensure that such powers can be used only when absolutely necessary and not to save funding while leaving people without appropriate care. Will the Secretary of State please reassure the House as to how the power will be regulated, and reassure us that people’s health and social care rights will be protected?

Yes. The powers in the Act have allowed us not only to ensure that people get the care that they need and that that care is targeted where necessary, but to allow people to get better and faster access to care when they are in hospital and have to leave, by ensuring that a care package is there. In their totality, the measures on care in the Act have without doubt helped us both to protect the NHS and to support social care, and crucially to support the patients who need that care. We will therefore of course take them forward, because of that positive overall effect.

Has the Secretary of State seen the evidence that many disabled people and people who need care have not received the care that they need? If he listens to the organisations that represent disabled people, he will hear that they are extremely worried about schedule 12 in particular and the easements on the duties of local authorities to assess and meet care needs. Is he telling the House that the Government are not renewing that schedule—yes or no?

Yes, we are renewing that schedule, because it is very important to ensuring that we prioritise care for those who need it most. The concerns that the right hon. Gentleman raises now were raised during the passage of the Act, when we had a good discussion on the subject. I believe that the way the Act has worked has, overall, improved access to care for people both in hospital and in our social care system, which has, of course, been an area of great scrutiny throughout the pandemic.

I thank the Secretary of State very much for the sensible measures the Government have taken today on the involvement and ongoing consent of the House. There is widespread public concern out there about consent and the measures we are imposing on people’s lives. We should make it clear for the public, and some sectors of the media, watching this debate that many of the restrictions that we are reluctantly having to place on our constituents’ lives do not come through the Coronavirus Act 2020; they come through many other pieces of legislation, but primarily the Public Health (Control of Disease) Act 1984.

Yes. What I have said relates to measures to do with the pandemic response. As my hon. Friend says, the vast majority of the measures in respect of social distancing restrictions were introduced under the 1984 Act; only a minority were introduced under the Coronavirus Act. Nevertheless, the point about scrutiny is an important one no matter what the origin of the statutory instrument. In essence, we have managed to innovate with parliamentary procedure to find a way that we can move both quickly and with the proper scrutiny of Parliament. That is what we have been seeking to do. In these unprecedented circumstances, many innovations have had to be made, not least in Parliament, and this is another one. There were two contrasting needs—the need for proper scrutiny and the need for very speedy action—and I am really pleased that we have been able to find a way through which, I hope, commands the support of the whole House.

I thank my right hon. Friend and the business managers for the work they have done in reaching this solution, and I hope, Mr Speaker, you will think that, following your stern words earlier, the Government have listened and come forward with some measures that are an appropriate response.

May I just press the Secretary of State? He said that the Government would hold votes, in advance of the measures coming into force, on national measures covering the whole of England or the whole of the UK. Obviously, some of the measures that have come into force so far have been quite significant, covering large parts of the country and millions of people. I accept there is a judgment to be made here; can he say a little more about where the line will be drawn as to what is brought to the House in advance?

In a way my right hon. Friend, who has huge experience in these matters, answers his own question, because of course there is a judgment to be made. We have made a very clear commitment to the process that we will follow, and I hope that over the weeks to come we will demonstrate through our actions and through what we bring forward that we are true to that commitment, which essentially will become a new convention.

Given the number of cases in which schedule 21 has been inappropriately used, can the right hon. Gentleman explain to the House what the definition is of a “potentially infectious” person? How is a police officer meant to know who is potentially infectious, and in the middle of a pandemic does that not include every single one of us, and are not the powers that the police have been given to detain us really quite worrying? Will he undertake to look at this again?

The right hon. Gentleman will know that the guidance has been looked at again, and the Crown Prosecution Service has issued new guidance that has remedied the concerns raised at the start. I am satisfied that that new guidance is appropriate and proportionate, and therefore I am satisfied that we should renew schedule 21, because—to answer his point— it is crucial that in circumstances where it is necessary to act to keep people safe we have the powers to do so, but they must be proportionate, and I think that the guidance has responded to that.

If I may, I will make a bit of progress, because otherwise I will take the whole 90 minutes myself.

The central point is that we need to ensure that we strike a balance so that we get the scrutiny right and also meet the need to act fast. The vote tonight is about whether to renew the Coronavirus Act, and I emphatically urge Members on both sides to vote in favour of that Act because of the broad range of powers without which it would simply be impossible to have an effective response to this virus.

First, the Act has helped us boost the health and social care workforce. One of the achievements in this crisis is that we are able to protect the NHS, and one of the reasons we were able to do that was that we were able to support people on the frontline. This Act allowed the emergency registration of health and social care professionals—nurses, midwives, paramedics, social workers —who wanted to return to the national effort. Skilled and experienced staff were able to return to work and add capacity at a time of emergency.

Secondly, this Act does not just support the NHS frontline: the second part of the Act protects all public servants who keep the UK running safely and securely. Over the past few months we have seen huge changes in the way our public services have operated. This Act allows for remote working and for moving meetings online, and it is about acting quickly to prioritise essential activities. The Act supports vital temporary measures that have allowed public services to keep their work going. This includes courts keeping running in a covid-secure way through the use of virtual hearings; up to 65% of hearings each day now involve somebody joining remotely, so it is integral to maintaining the rule of law that we keep these measures in place. The measures have also kept local democracy going by allowing councils to hold their meetings virtually. These are sensible and pragmatic steps that have helped us keep vital institutions operating in the midst of the pandemic.

I welcome my right hon. Friend’s earlier statement. My constituents are incredibly concerned about the powers given in this Act, but I would argue that this debate is not only about scrutiny and allowing the House to debate and vote; it is also about giving the Secretary of State the credibility to continue the work he is doing. It also exposes the difficult decisions and trade-offs he has to make, balancing the spread of the virus against all the restrictions we have to face, so I welcome the opportunity for further debates—much longer, I hope—and votes, too.