Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 9
9
Paragraph: 50
Parliamentary processes and debates help to confer legitimacy upon policy changes made through emergency legislation,...
Conclusion
Parliamentary processes and debates help to confer legitimacy upon policy changes made through emergency legislation, particularly when the legislation is so striking in its curtailment of liberties that would normally be taken for granted. Such debates also provide opportunities for parliamentarians to raise problems that exist in the legislation or guidance, be it on their own initiative or things that have been brought to their attention by constituents or by experts. The Committee recommends that the Government gives higher priority to facilitating parliamentary scrutiny of such legislation in future.
Paragraph Reference:
50
Government Response
Acknowledged
HM Government
Acknowledged
The Government notes the Committee’s concerns. There has been a significant amount of COVID-19 legislation in a relatively short space of time, so to aid accessibility all COVID-19 legislation has been collated at: https://www.legislation.gov.uk/coronavirus. More widely, we would like to reassure the Committee that there will continue to be a wide range of opportunities for Members to hold the Government to account for the handling of the Coronavirus pandemic, including general debates and oral statements in the usual way. Ministers have listened carefully to Members’ contributions made in debates on regulations, and although that has not—as unfortunately it could not—resulted in any amendment to the set of regulations at issue, that input is taken into consideration as the policy has evolved over time. The flexibility shown on all sides of the House in adapting procedures and processes to fit these changing circumstances has been vital in achieving an optimal balance between speed and scrutiny. During the six-month review debate (30th September 2020) on the Coronavirus Act, it became clear that Members were not unduly concerned by the use of regulation making 8 Fifth Special Report of Session 2019–21 powers in that Act. We are not aware that Parliament’s scrutiny committees have expressed significant concerns either. The legislation that seems to raise the most concerns are the regulations made under the Public Health (Control of Diseases) Act 1984, using the emergency procedure expressly created by that Act for precisely the kind of situation that we face today. HMG acknowledge that throughout this crisis the need to act swiftly to implement measures when they can be at their most effective is a prime consideration for the timing of bringing these regulations into force. Nonetheless, the Secretary of State for Health and Social Care committed, in that six-monthly debate, that Parliament would be afforded the opportunity, where practicable, to debate the motion to approve regulations of national significance before they come into force. This has been used successfully with the Local Covid Alert Level (or tiering) regulations, which were made and laid on 12 October, debated and approved by the House of Commons on 13 October, and came into force on 14 October. Further to this, on Tuesday 3 November Parliament was given the opportunity to debate the most recent national restriction regulations, before they came into force and the latest regulations relating to Tiers will also be debated on 1 December. We intend to maintain this approach, whenever circumstances permit.