Select committee: Constitution Committee
Conclusion 5
3rd Report - COVID-19 and the use and scrutiny of emergency powers
Published 10 Jun 2021
Paragraph 47
Constitution Committee Constitutional implications of COVID‑19 All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
The uncertainty at the onset of the COVID-19 pandemic, including Parliament’s ability to continue meeting in some form, led the Government to fast-track the passage of the Coronavirus Act 2020. While the use of the fast-tracking procedure may have been justified in those circumstances, it seriously curtailed parliamentary scrutiny of important and wide-ranging legislation.
From: Constitution Committee, 3rd Report - COVID-19 and the use and scrutiny of emergency powers, paragraph 47, 10 June 2021
Government response
The government responded to the whole report on 16 September 2021 (deadline 10 August 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government's response largely points to existing arrangements as adequate, while stating that a review of the Civil Contingencies Act 2004, due to conclude in March 2022, will cover all of the Act and that it will consider the evidence before recommending any changes.
- On sunset provisions, the Government says a sunset provision is "only one method" of time-limiting instruments, citing built-in review periods and other approaches, and that "a one-size-fits-all" sunset clause may not suit every case.
- On the urgent procedure under the 1984 Act, it states that Explanatory Memoranda "clearly" set out the rationale, and that the draft affirmative procedure is "unsuited" to such an emergency because it usually takes six to eight weeks.
- On the review of emergency powers, the Government says all provisions of the Civil Contingencies Act are within scope, that it "will then consider this evidence carefully", and that the final review is "due for publication in March 2022".
- On guidance, it says it "is for departments to make judgements about the right balance to strike between law and guidance in any particular case", and notes that withdrawn guidance remains accessible on GOV.UK.