Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 13
13
The Committee calls on the Government to carefully consider the use of guidance in future...
Recommendation
The Committee calls on the Government to carefully consider the use of guidance in future emergencies to ensure maximum clarity and minimal complexity for the public and law enforcement. The Government should ensure that future legislation of this type doesn’t allow for the ability to use guidance to overrule key elements of legislation, as this leads to confusion. (Paragraph 75) 26 Coronavirus Act 2020 Two Years On
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.