Coronavirus Act 2020 (Review of Temporary Provisions) (No. 3)

I beg to move,

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

Since we set out our road map out of lockdown in February, we have reopened the economy and lifted restrictions in four steps, carefully removing the rules that have governed our daily lives during the pandemic. Scotland, Wales and Northern Ireland have also emerged from lockdown on similar timetables and life in the UK has returned ever closer to normal.

One of my first actions as Secretary of State was to announce that we would proceed with step 4 of the road map on 19 July and, in doing so, shift the country’s main line of defence from lockdowns to vaccinations. We could do that because our vaccination programme has created a vast wall of defence. We have given nearly 95 million vaccines, with more than eight in 10 of every man, woman and child in the UK over the age of 12 getting at least one jab and some 79% receiving at least two. It is a remarkable achievement and now that our boosters have begun, they are reinforcing that wall of defence still further. The latest estimates show that our vaccines have prevented over 24 million infections, over 260,000 hospitalisations and over 127,000 deaths.

I very much agree with the Secretary of State about the success of our vaccination programme. Does he have any concerns about whether the third dose for those with a compromised immune system and the booster dose for everyone who has had two doses is going fast enough? Are there steps that the Government can take to speed that up to put us in the strongest possible position ahead of the winter?

I thank my right hon. Friend for the scrutiny that he has provided of the Coronavirus Act 2020 through the Government and in many other ways over the last few months. It has been very valuable, certainly to me. On his specific question, the third jabs, whether they are for those who are immunocompromised or booster jabs, are critical over the next few months. As of yesterday, we have administered some 3.7 million jabs. It is off to a good start but we need to continue to work hard to increase the uptake. That is exactly what is happening and certainly will be over the next few weeks with a big marketing campaign about to begin as a way of trying to boost that. He is right to raise that issue.

The Coronavirus Act has been instrumental in our response to the pandemic. It has helped to steady the ship in stormy waters. It has protected the NHS in its hour of need by allowing tens of thousands of medical and care staff to register with the NHS temporarily, including nurses, midwives, paramedics, radiographers, social workers and many others; by keeping public services going, including ensuring that our courts and local democracy could function; and by providing a vital lifeline for people and businesses across the country, supporting 11.7 million jobs and providing 1.6 million business loans.

I thank my right hon. Friend for giving way and apologise to you, Mr Deputy Speaker, because I am taking part in a Westminster Hall debate, but I need to ask this important question. I understand the lockdown measures, but will my right hon. Friend ensure this time, God forbid, if things do get worse, that whatever happens, he will keep the schools open, because we know the damage to mental health, educational attainment, lifelong learning and lifetime chances that school closures have brought to our children?

During the pandemic, my right hon. Friend has done a fantastic job of drawing everyone’s attention, rightly, to the impact that the measures—the lockdown measures in particular—have had on children, especially those in school. I hope he would agree that the plans that the Government have set out, including our primary plan of relying on vaccinations, treatments—there are ever more treatments, which is fantastic news—testing and surveillance, is the right way to deal with the challenges of the pandemic.

With all the measures that we have taken, it is clear that we are now in a new phase of the pandemic and that we are learning to live with the virus. Throughout this public health crisis, we have always sought for our provisions to be proportionate to the threat that we face. Parliament has rightly been given the opportunity to scrutinise this legislation every six months. We do not wish to keep provisions in place any longer than they are absolutely necessary, especially those that are limiting the freedoms that rightly belong to citizens.

The Secretary of State says that this House has had time to scrutinise the legislation, but 90 minutes every six months to scrutinise the Act really is not enough time for Parliament.

The hon. Lady is right to point to the importance of scrutiny. Of course, it is not just the time that we have for debate now or the regular time we have had since this Act has been on the statute book. Scrutiny is also provided in other ways: for example, she will know that Select Committees have looked at the Act, with parliamentarians represented and taking evidence. That is just another way to make sure that the Act is getting the scrutiny that it deserves.

No one disputes the success that some of these measures have had but there is a strong resentment—which, I have to say, I share—in many quarters about giving any Government extension to powers that are quite as blank as these are. Have the Government considered any other mechanism for allowing extension for a lesser amount of time or are there alternatives by using the Civil Contingencies Act 2004, which many of us feel should have been used from the outset, rather than presenting this gift-wrapped to the devolved parts of the United Kingdom?

I understand my right hon. Friend’s concerns and, rightly, many people across the House share those concerns. He will know that when the original Bill was brought to Parliament, the Government said, rightly, that any measures would be kept in place only for as long as necessary and that they would have to be proportionate. Even before coming to the House today with the recommendation to expire seven of the non-devolved provisions in the Act, 13 have already expired. He also pointed to alternative ways that some of these measures, if necessary, could be taken, and that is a very valuable suggestion. For example, I believe that in the Police, Crime, Sentencing and Courts Bill, which is before Parliament now, my colleagues are looking at some of the provisions on courts and keeping the remote working of courts going. So there are possible alternatives and he is right to draw attention to that.

The Secretary of State was not originally responsible for this. The issue that my right hon. Friend the Member for North Somerset (Dr Fox) raises was first raised on 23 March 2020 when we were first putting the Coronavirus Act into law. The point made at the time was that the Act is not necessary, because it replicates many other pieces of legislation, and that the Act alone allows the Government to act without recourse to the House, which is not true of the Civil Contingencies Act 2004 or the Public Health (Control of Disease) Act 1984. That is why it is wrong: because it does not have to come back to the House every time it takes away another piece of British freedom.

Like my right hon. Friend the Member for North Somerset (Dr Fox), my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) makes an important point. He will understand that now that the Act is in place, it is important that the Government act promptly and quickly at any time when we can retire, expire or in some cases suspend measures in it; that there is regular scrutiny of the process; and that I and other Ministers come to the House whenever we can to expire its provisions or, if they are to continue, to justify them.

The Act has always been presented on the Floor of the House as an all-or-nothing Bill; MPs never have an opportunity to change, amend or scrutinise it, so I think that the Secretary of State is just a little misleading in how he is presenting it to the House today.

Unintentionally misleading?

Unintentionally misleading.

Thank you for that intervention, Mr Deputy Speaker. I think that I have been very clear not only about the history of the Act, but about the importance of Ministers coming forward for regular scrutiny to set out which provisions can be expired or suspended, or if expiry or suspension are not possible, why the provisions are necessary. That is the purpose of our debate today.

I think the problem for the Secretary of State is how the Government acted in the past by not bringing things to the House for debate; I know that the chairman of the 1922 committee, my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady), used a lot of force to try to get them to do so. We are being asked to take something on trust from the Government when their previous behaviour towards the Act has been—how can I say it? —not very good.