Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 15
15
Paragraph: 76
It is prudent of the Government not to seek to legislate for every eventuality, which...
Recommendation
It is prudent of the Government not to seek to legislate for every eventuality, which would lead to a myriad of confusing, flawed and ultimately unenforceable provisions and exceptions. There is, therefore, a clear role for both guidance and legislation in Parliamentary Scrutiny of the Government’s handling of Covid-19 33 response to the COVID-19 pandemic. This point notwithstanding, it is incompatible with the rule of law for the Government to misrepresent what the law actually is at any time. There have been disappointing examples of this misrepresentation during the pandemic, such as describing people in parts of the North of England as being “banned” from doing things that they were not yet banned from at all. Ministerial declarations to the public are not the same as legislation and in a Parliamentary democracy they should not be treated as such. In future the Government should ensure its communications are clear as to whether something is guidance or whether it is a requirement under the law. An example of clearer communication has been over the use of face coverings in shops and public transport.
Paragraph Reference:
76
Government Response
Acknowledged
HM Government
Acknowledged
HMG notes the Committee’s concerns and recognises that there has, on occasion, been an interval between the announcement of changes, and the making of the regulations that—at least in part—underpin those changes. We acknowledge this and will continually strive to ensure that future announcements are made in good time. We also recognise the difference between guidance given and the law it supports and will strive to ensure appropriate wording and clarity is given in future. Nonetheless, the purpose of these changes is to protect the public’s health, not to criminalise individuals, and we therefore encourage adherence to the range of actions that the public must take. The clarity of messaging has greatly increased over time as a direct result of how the understanding of the scientific evidence has increased. For example, it was only when the scientific evidence on the benefit of wearing face masks became clear that regulations and therefore messaging was reinforced. However, we still continue to face difficulties in balancing the need for swift action and testing the clarity of communication. 12 Fifth Special Report of Session 2019–21 Points of Interest for the House for the Six-monthly Review