Recommendation 13

HM Government · verbatim extract Rejected

Parliamentary Review (Paragraph 63): WESC recommendation: 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 2021. 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. 37. The Government recognises there has been concern that measures introduced under the Coronavirus Act 2020 would result in a weakening of the rights of disabled people. This is not their purpose and measures regarding the Care Act, Mental Health Act and Children and Families Act were introduced to enable local services to respond effectively to the pandemic. 38. Care Act easements are not currently being used by any local authorities, Mental Health Act provisions have been removed from the Coronavirus Act and the modification notice regarding EHC assessments and plans expired on 31 July 2020. The Government will continue to keep the use of the Coronavirus Act under review, including in relation to disabled people. Published: 25 January 2021 Site information Accessibility statement