Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 3
3
Paragraph: 36
Whilst we accept the Secretary of State for Health and Social Care’s defence of the...
Conclusion
Whilst we accept the Secretary of State for Health and Social Care’s defence of the length of the sunset clause, we have concerns over the lack of ability to amend provisions at subsequent points. The Committee welcomes Mr Javid’s acknowledgment that Parliament not being able to amend at least some individual provisions after the initial passing of the Act should be included as part of the ‘lessons learned’ process. The Committee urges the Government to ensure that greater consideration is given in future to Parliament’s ability to scrutinise and amend emergency provisions whilst not affecting the overall integrity of the legislation.
Paragraph Reference:
36
Government Response
Acknowledged
HM Government
Acknowledged
The Government recognises the vital importance of Parliamentary scrutiny. The Government’s view is that each of the powers in the Act has been subject to in-depth Parliamentary scrutiny throughout the lifespan of the Act. The arrangements for Parliamentary scrutiny of the Act were approved by Parliament. Part 2 of the Act includes arrangements to facilitate accountability and transparency over the use of the powers. The Government listened carefully to concerns expressed during the debates on the Act as it made its way through Parliament and included many of the measures requested. This includes the provision for a regular vote on the continuance of the temporary provisions provided for in section 98 of the Act. The Government notes the Committee’s view, and that of some of their witnesses, that what has been described as a ‘take it or leave it’ renew/reject motion does not allow Parliament to have a defining say on individual provisions. Parliament approved the arrangements for Parliamentary scrutiny of the Act. The issue of which provisions could or should be retained on a ‘pick and mix’ basis is, as the Speaker’s ruling sets out,3 problematic, if some parts become inoperable as a result of interdependencies with other provisions. It is standard legislative process that Parliament is not able to amend primary legislation once an Act has gained Royal Assent. We continue to review the effectiveness of our legal framework, including the lessons learned from our response to COVID-19, as part of our preparedness for future pandemics and other health emergencies. A key component of this will be to understand better what concerns Parliamentarians have had about the response to the pandemic.