Second Special Report - Covid-19 and the criminal law: Government Response to the Committee’s Fourth Report of Session 2021–22

This is the government's response, published 8 September 2022.

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.

Read the government's response ↗ Report an error