Recommendations & Conclusions
13 items
1
Recommendation
Fourth Report - Parliamentary Scrutiny …
Accepted
The governance arrangements for responding to COVID-19 have not always been clear. Press reports of a “quad” of Ministers making decisions in April raise questions of a parallel governance structure in addition to the formal Cabinet Committee structure. Such parallel systems risk creating silos where decisions are made without the …
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The governance arrangements for responding to COVID-19 have not always been clear. Press reports of a “quad” of Ministers making decisions in April raise questions of a parallel governance structure in addition to the formal Cabinet Committee structure. Such parallel systems risk creating silos where decisions are made without the full and proper discussion, advice or consultation that would be expected in Cabinet Committees. Any review of the Cabinet Office’s response to COVID-19 should include an examination of the governance arrangements for COVID-19, including COBR, the C-19 daily meetings, the “Quad” and Cabinet Committees. The Government must in its response to this report set out the governance arrangements and how decisions were made in response to COVID-19.
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Government response AI summary
The government details the evolving governance structures for its COVID-19 response, including COBR, Ministerial Implementation Groups, and the later establishment of the COVID-19 Strategy and COVID-19 Operations cabinet committees, thereby setting out the requested arrangements.
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3
Recommendation
Fourth Report - Parliamentary Scrutiny …
Accepted
The Government’s messaging on who could continue to work was not as clear as it should have been. The closure of schools and definitions of “key workers” caused some industries to close that could have continued to operate, such as the construction industry. There should have been greater recognition within …
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The Government’s messaging on who could continue to work was not as clear as it should have been. The closure of schools and definitions of “key workers” caused some industries to close that could have continued to operate, such as the construction industry. There should have been greater recognition within the Government’s messaging and guidance of workers who kept the economy going during lockdown. The Government must take care to ensure that its messaging is consistent and properly addresses all relevant audiences. (Paragraph 14) The Government’s approach to legislation and the framework for Parliamentary scrutiny
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Government response AI summary
The government states it has always made and continues to make every effort to communicate COVID-19 policy clearly and simply, citing specific public information campaigns and clear guidance provided to industries like construction.
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4
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
As a result of the timescales involved and the political situation, detailed scrutiny of the Coronavirus Bill was not practical. It is therefore very important that Government is held to account for how it uses and justifies the continued application of the Act. In chapter 4 we set out some …
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As a result of the timescales involved and the political situation, detailed scrutiny of the Coronavirus Bill was not practical. It is therefore very important that Government is held to account for how it uses and justifies the continued application of the Act. In chapter 4 we set out some points of interest to the House for the first six-month Parliamentary review, particularly in relation to the information that the Government needs to provide to help facilitate effective Parliamentary scrutiny.
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Government response AI summary
The government explained its decision to use the Coronavirus Act over the Civil Contingencies Act, highlighting that the Coronavirus Act includes built-in parliamentary scrutiny through six-month reviews and two-monthly reports, which it believes ensure accountability.
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6
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
The Government’s reticence to use the Civil Contingencies Act in response to a genuine national emergency calls into question how fit for purpose that legislation is.
Government response AI summary
The government explained its decision to use the Coronavirus Act over the Civil Contingencies Act, asserting that the CCA is designed as a last resort and that the Coronavirus Act provided an opportunity for prior parliamentary scrutiny with agreed renewal of powers.
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7
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
The Committee is concerned by both the scale of legislation and the inability of Parliamentarians to effectively amend COVID-19 legislation. The scale of legislation, covering a large number of statutory instruments made under multiple sources, makes it very difficult for even experts to follow what legislation is in effect. Even …
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The Committee is concerned by both the scale of legislation and the inability of Parliamentarians to effectively amend COVID-19 legislation. The scale of legislation, covering a large number of statutory instruments made under multiple sources, makes it very difficult for even experts to follow what legislation is in effect. Even more concerning is the fact that Members have no mechanism to amend this legislation which is being made under statutory instrument. All stages of the Bill were taken through the House of Commons in one sitting day. This means Members had just one sitting day to fully influence and amend the Coronavirus Act. Members have no power to amend statutory instruments made under that Act. As we detail below, Members have had no opportunity to meaningfully engage with and amend the lockdown regulations under the Public Health (Control of Diseases) Act 1984.
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Government response AI summary
The government noted the committee's concerns, highlighting that existing mechanisms like debates and oral statements offer accountability opportunities and that parliamentary input is taken into consideration, despite regulations not being amendable.
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8
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
The current system of Parliamentary scrutiny in relation to lockdown regulations is not satisfactory. The fact that this legislation, which contains stark restrictions on people’s civil liberties, is not amendable by Members, made under the urgent procedure and therefore without parliamentary scrutiny or effective oversight, coupled with the extremely quick …
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The current system of Parliamentary scrutiny in relation to lockdown regulations is not satisfactory. The fact that this legislation, which contains stark restrictions on people’s civil liberties, is not amendable by Members, made under the urgent procedure and therefore without parliamentary scrutiny or effective oversight, coupled with the extremely quick passing of the Coronavirus Act means the framework Parliamentary scrutiny of the Government’s handling of COVID-19 is inadequate.
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Government response AI summary
The government noted the committee's concerns, explaining that existing parliamentary opportunities, such as debates and oral statements, provide mechanisms for accountability and that members' input is considered, although regulations are not amendable.
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11
Recommendation
Fourth Report - Parliamentary Scrutiny …
Accepted
In the event the Government believes it is necessary for the urgent procedure to 32 Parliamentary Scrutiny of the Government’s handling of Covid-19 be used to make affirmative statutory instruments, it behoves it, especially with legislation as important to the national interest as lockdown measures, to schedule debates on those …
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In the event the Government believes it is necessary for the urgent procedure to 32 Parliamentary Scrutiny of the Government’s handling of Covid-19 be used to make affirmative statutory instruments, it behoves it, especially with legislation as important to the national interest as lockdown measures, to schedule debates on those regulations in a much more timely fashion than it has so far in relation to COVID-19.
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Government response AI summary
The government acknowledged seeking to provide timely scrutiny but noted challenges due to rapid changes in disease transmission, citing the Tiers structure and COVID-19 Winter Plan as examples where policy was set out and legislation debated in advance.
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15
Recommendation
Fourth Report - Parliamentary Scrutiny …
Accepted
It is prudent of the Government not to seek to legislate for every eventuality, which would lead to a myriad of confusing, flawed and ultimately unenforceable provisions and exceptions. There is, therefore, a clear role for both guidance and legislation in Parliamentary Scrutiny of the Government’s handling of Covid-19 33 …
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It is prudent of the Government not to seek to legislate for every eventuality, which would lead to a myriad of confusing, flawed and ultimately unenforceable provisions and exceptions. There is, therefore, a clear role for both guidance and legislation in Parliamentary Scrutiny of the Government’s handling of Covid-19 33 response to the COVID-19 pandemic. This point notwithstanding, it is incompatible with the rule of law for the Government to misrepresent what the law actually is at any time. There have been disappointing examples of this misrepresentation during the pandemic, such as describing people in parts of the North of England as being “banned” from doing things that they were not yet banned from at all. Ministerial declarations to the public are not the same as legislation and in a Parliamentary democracy they should not be treated as such. In future the Government should ensure its communications are clear as to whether something is guidance or whether it is a requirement under the law. An example of clearer communication has been over the use of face coverings in shops and public transport.
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Government response AI summary
The government acknowledges past issues with clarity and commits to continually striving to ensure future announcements are made in good time and that communications clearly distinguish between guidance and legal requirements.
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18
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
The motion under section 98 of the Coronavirus Act 2020 is an “all or nothing” proposition. Under the terms of the motion, either all temporary provisions must be expired or none need to be. The House does not have any power under the Act to order Ministers to expire specific …
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The motion under section 98 of the Coronavirus Act 2020 is an “all or nothing” proposition. Under the terms of the motion, either all temporary provisions must be expired or none need to be. The House does not have any power under the Act to order Ministers to expire specific provisions under the Act.
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Government response AI summary
The government acknowledged the 'all or nothing' nature of the motion but argued that members can still effectively influence Ministers during six-monthly reviews, citing an example where this led to policy change, while rejecting a 'pick and choose' approach to maintain legal certainty.
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21
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
Paragraphs 74–79 of this report includes evidence relating to specific provisions within the Coronavirus Act that may be of interest to Parliamentarians for the six- 34 Parliamentary Scrutiny of the Government’s handling of Covid-19 monthly review. This includes powers under schedules 21 and 22 of the Act and powers relating …
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Paragraphs 74–79 of this report includes evidence relating to specific provisions within the Coronavirus Act that may be of interest to Parliamentarians for the six- 34 Parliamentary Scrutiny of the Government’s handling of Covid-19 monthly review. This includes powers under schedules 21 and 22 of the Act and powers relating to health provision and powers to modify the Mental Health Act.
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Government response AI summary
The Government announced the removal of the Mental Health Provisions under Section 10 (Schedule 8) of the Coronavirus Act in their entirety for England and partially for Wales, noting they were not required. It also provided an update on the use and necessity of powers …
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22
Conclusion
Fourth Report - Parliamentary Scrutiny …
Accepted
Not all temporary provisions under the Coronavirus Act 2020 are in force. The Government’s two-monthly reports, on the status of non-devolved provisions, are therefore an important resource for the debate.
Government response AI summary
The government committed to timetabling six-monthly reviews to ensure two-monthly status reports are published promptly, and will ensure six-month reports are no less detailed, continually providing updated information and evidence-based analysis.
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23
Recommendation
Fourth Report - Parliamentary Scrutiny …
Accepted
The Government should take care to timetable the six-monthly review debate so that the two-monthly status report is published in good time before that debate takes place, ensuring Parliamentarians have the most up-to-date report to inform the debate.
Government response AI summary
The government intends to timetable the six-monthly review debate so the two-monthly status report is published in good time, striving to maximise timetabling despite potential limitations like house sittings, and committing to provide up-to-date information.
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24
Recommendation
Fourth Report - Parliamentary Scrutiny …
Accepted
It is vital that the temporary provisions in the Coronavirus Act are properly scrutinised and justified. The six-monthly review debate is one of the main avenues for this scrutiny to take place. To aid effective scrutiny and transparency, it is essential that the Government articulates: the original rationale for the …
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It is vital that the temporary provisions in the Coronavirus Act are properly scrutinised and justified. The six-monthly review debate is one of the main avenues for this scrutiny to take place. To aid effective scrutiny and transparency, it is essential that the Government articulates: the original rationale for the temporary provisions in the Coronavirus Act, why those provisions are still justified and the evidence base for demonstrating those provisions are still effective. This should include provisions that are in force and those that are not. This will improve the transparency of these measures and help determine whether they are still necessary and proportionate. We recommend the Government publish this information in good time for the six-month review. This should be done at least two weeks before that debate takes place. (Paragraph 103) Parliamentary Scrutiny of the Government’s handling of Covid-19 35
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Government response AI summary
The government has published a Coronavirus Act Analysis, accessible online and committed to updating it, which sets out the rationale, justification, and evidence for the Act's provisions. They also intend to timetable the six-monthly review to ensure timely publication of reports.
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