Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 1
1
Paragraph: 27
The Committee noted that sunset clauses, including their appropriate length, should be considered carefully for...
Conclusion
The Committee noted that sunset clauses, including their appropriate length, should be considered carefully for any future legislation. Whilst a useful legislative tool, they can allow for stronger and broader powers than would otherwise be passed by Parliament, and the Government recognised in their evidence that without the sunset clause, this legislation as a whole might not have been approved by Parliament in the way it was.
Paragraph Reference:
27
Government Response
Acknowledged
HM Government
Acknowledged
. The sunset clause for the temporary provisions within the Act aimed to strike a balance between introducing necessary provisions to tackle the pandemic, whilst ensuring they remained in force for only as long as they were needed. The Act was introduced during a period of uncertainty. When the Act was being drafted in March 2020, the future course and impacts of the pandemic were unknown and, therefore, it was not possible to predict with a high degree of certainty the length of time the measures in the Act might be needed. As such, a two-year lifespan for the temporary provisions within the Act was deemed proportionate and was approved by Parliament. The Government has always been clear that the temporary powers in the Act would only remain in place for as long as they were needed. The Act includes powers (section 90 and section 88) to enable temporary provisions to be expired or suspended before the sunset date. This provided much needed flexibility to react once more was known about the virus and the legislative powers required to respond. As the pandemic progressed and we learned more about the virus, the Government expired 20 temporary, non-devolved provisions early and suspended a total of four provisions, which have since expired. The Government has extended five provisions within the Act for up to six months beyond the 24 March 2022. Four of these provisions (sections 30 and 53–55) have enabled innovations in the delivery of public services and the Government is making them permanent through other primary legislation, which has recently been passed by Parliament, and is due to come into force over the spring and summer 2022. A fifth provision (section 43) relates to Statutory Sick Pay in Northern Ireland and has been extended on the formal request of the Department for Communities in Northern Ireland. Parliament has had the opportunity to scrutinise the Act and the Government’s use of these powers on an ongoing basis. Section 98 of the Act requires that temporary provisions within the Act are subject to six-monthly reviews and renewal votes in the House of Commons. Section 99 also provides for a review to be held at the one-year point in both Houses. The Statutory Instrument to extend five temporary provisions within the Act beyond 24 March 2022 was approved by Parliament. The Government continues to review the legal framework and lessons learned from COVID- 19, to make sure we are well-equipped to respond to future health risks. been identified as a key topic for review in the independent UK COVID-19 Inquiry’s draft terms of reference.