Select committee: Women and Equalities Committee

Recommendation 13

1st Report - Unequal impact? Coronavirus, disability and access to services: interim Report on temporary provisions in the Coronavirus Act Published 25 Sep 2020 Addressed to Government Equalities Office
Recommendation (the committee's words)
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

From: Women and Equalities Committee, 1st Report - Unequal impact? Coronavirus, disability and access to services: interim Report on temporary provisions in the Coronavirus Act (HC 386), 25 September 2020

Government response

The government responded to the whole report on 25 January 2021.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government "welcomes the Committee's interim recommendations" and sets out actions taken on Care Act easements, the Mental Health Act and EHC plans, while describing the existing parliamentary review arrangements as "flexible and proportionate".

  • On Care Act easements, the government says they "should only be used when absolutely necessary", that no local authorities are currently operating under them, and that the changes "will be kept under regular review".
  • The Mental Health Act provisions were repealed from the Coronavirus Act on 8 December 2020. On reform, the government will publish a White Paper "as soon as it is possible to do so".
  • On EHC plans, no further modification notice was issued after 31 July. The government does not intend to issue further notices "unless the evidence changes".
  • On a separate Commons view on individual provisions, the government describes the existing arrangements, including the six-monthly vote, as "a flexible and proportionate response" that ensures ongoing scrutiny.

Read the government's response ↗ Report an error