Select committee: Constitution Committee
Conclusion 30
3rd Report - COVID-19 and the use and scrutiny of emergency powers
Published 10 Jun 2021
Paragraph 177
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)
There have been a number of occasions where apparently non-urgent measures have been published at the very last minute. On other occasions measures that have introduced significant restrictions on civil liberties, including criminalising everyday activity, have been announced minutes before coming into force. We note, in particular: The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 eased lockdown measures. To the extent that new public health measures were introduced, they were less restrictive than pre-existing restrictions. The regulations were nonetheless published less than 24 hours before taking effect. The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020, which introduced Tier 4 restrictions in London and the south east of England shortly before Christmas 2020, were almost identical to the regulations giving effect to the March and November 2020 lockdowns.
From: Constitution Committee, 3rd Report - COVID-19 and the use and scrutiny of emergency powers, paragraph 177, 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.