Select committee: Justice Committee

Recommendation 8

4th Report - Covid-19 and the criminal law Published 24 Sep 2021 Paragraph 23 Addressed to Ministry of Justice
Recommendation (the committee's words)
We support the creation of the UK Health Security Agency as a new body designed to ensure the nation can respond quickly and at greater scale to future pandemics. In line with Lord Wolfson’s suggestion that expertise in the criminal law needs in future to be brought into pandemic planning, we urge the Government to ensure that the Agency has sufficient expertise in the criminal law, and factors such expertise into future pandemic preparation. We support the creation of the UK Health Security Agency as a new body designed to ensure the nation can respond quickly and at greater scale to future pandemics.

From: Justice Committee, 4th Report - Covid-19 and the criminal law (HC 71), paragraph 23, 24 September 2021

Government response

The government responded to the whole report on 8 September 2022 (deadline 24 November 2021).

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

The government accepts or agrees with some recommendations, including on Ministry of Justice consultation over new offences, disagrees with others, and says it will draw on the public inquiry and existing review work for lessons on future pandemics.

  • On new criminal offences, the government accepts that guidance should be updated so departments consult the Ministry of Justice as a matter of course. The guidance will also set standard response timeframes and cover urgent situations, with publication "in due course".
  • On explanatory memoranda for statutory instruments, it considers a specific heading for new offences "disproportionate". It will instead update existing drafting guidance so the "Policy background" section explains any new offences.
  • On the single justice procedure, the Ministry of Justice states it "does not agree" with the recommendations on transparency and on a formal review of its use in COVID-19 cases, citing existing media access arrangements and safeguards.
  • On fixed penalty notices, it recognises that the regime "presented challenges for enforcement and compliance". It will take this into consideration, with the public inquiry's findings, in planning for future pandemics.

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