Select committee: Justice Committee
Conclusion 17
4th Report - Covid-19 and the criminal law
Published 24 Sep 2021
Paragraph 44
Addressed to Ministry of Justice
Justice Committee Covid-19 and the criminal law All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
However, blurring the line between government guidance and the law has potentially damaging long-term consequences, including for the rule of law. In a free society that respects the rule of law, only legislation can criminalise conduct, and it should be open to a person to decide whether to follow government guidance. The Government has a responsibility to ensure that the public and the police have a clear understanding of the distinction between guidance and the law.
From: Justice Committee, 4th Report - Covid-19 and the criminal law (HC 71), paragraph 44, 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.