Source · Select Committees · Public Administration and Constitutional Affairs Committee

Recommendation 12

12 Paragraph: 74

We welcome the commitment from the Secretary of State to learn lessons from the way...

Conclusion
We welcome the commitment from the Secretary of State to learn lessons from the way the Government legislated during this pandemic and expect it to be a subject of investigation within the upcoming inquiry into the Government’s COVID-19 response. The Committee has noted that the use of guidance to change the law and thus avoiding Parliament is concerning and not a practice that should continue.
Paragraph Reference: 74
Government Response Acknowledged
HM Government Acknowledged
The Government recognises the different roles that guidance and legislation play in supporting the public in responding to the pandemic. The Government also recognises the importance of Parliamentary scrutiny; for example, the Government committed to debating regulations of national significance in Parliament before they came into force, wherever possible. Throughout the pandemic, the Government has aimed to ensure changes to guidance and law were communicated clearly and simply through public information campaigns. This included publishing the guidance and law separately and distinguishing between actions the public “must” take (under law) and “should” take (under guidance). Owing to the fast-changing and unpredictable nature of the pandemic, the measures to tackle the virus were also changed to protect people. Guidance published on the gov.uk and NHS websites has helped people and businesses understand what behaviours they should be undertaking to reduce the risk of transmission at any particular time. The Government has sought to learn lessons on its communications approach. We have also responded to feedback from the general public, businesses and Parliament, for example, when we were told, at the beginning of the pandemic, that greater clarity was needed on what people should and should not do. As with other parts of the response to the pandemic, we will look to learn lessons on the use of legislation during the pandemic, as well as on how we have communicated public health regulations and guidance to the public. The draft terms of reference for the independent UK COVID-19 Inquiry include examination of the legislative and regulatory response to the pandemic as well as on communication and implementation of decisions. future pandemics.