Source · Select Committees · Women and Equalities Committee
Recommendation 13
13
We consider the section 98 arrangements for six-monthly parliamentary review of temporary Coronavirus Act provisions...
Recommendation
We consider the section 98 arrangements for six-monthly parliamentary review of temporary Coronavirus Act provisions unsatisfactory. The Act prescribes a binary “take all or leave all” vote, which will present MPs with no real choice over provisions which have clear and obvious equality impacts on their disabled constituents and which, they may take the view, are no longer justified, either this autumn or later in the two-year lifetime of the Act. Continuing these provisions has the potential to further restrict or curtail important and hard-won rights relied upon by disabled people and deserves proper consideration, separately from the statutory vote. Arranging for the House to express its view on temporary provisions with clear and obvious implications for disabled people would be an opportunity for the Government to demonstrate its commitment to equality. The Government should not only to give MPs the chance to debate the temporary provisions discussed in this Report but should also make arrangements to test, separately from the statutory vote required by section 98 of the Coronavirus Act, the view of the whole House on the merits of continuing different, individual provisions for a further six months and each subsequent six-month period until the sunset provision of the Act. Arrangements should be made for this to happen before the second six-monthly review in spring
Government Response
Not Addressed
HM Government
Not Addressed
34. The Government recognises the vital importance of Parliamentary scrutiny, which is why Part 2 of the Coronavirus Act sets out various mechanisms for managing, and reporting on, the use of the Act. The six-monthly review and renew vote in the House of Commons, gives Ministers the opportunity to debate whether the Act as a whole should continue, or expire before reaching the automatic “sunset” date that is due to occur 2 years after the Act came into force. This also gives members the opportunity to debate individual provisions within the Act. 35. Many of the provisions were designed to be used temporarily, and only when necessary. Therefore, Ministers have the facility to commence, suspend and revive powers when it is deemed necessary. The Act also includes the option to permanently repeal provisions early, before reaching the automatic sunset date, as was the case for the Mental Health Act provisions. The two-monthly report provides further detail on individual provisions, including their status and how the powers have been used since Royal Assent. 36. The Government feels this is a flexible and proportionate response to a major crisis, which ensures ongoing Parliamentary scrutiny and places proper checks and balances on the use of the powers in the Act.