Responding to Covid-19 and the Coronavirus Act 2020
Public Administration and Constitutional Affairs Committee
Closed
Inquiry
The Coronavirus Act 2020 was emergency legislation passed by Parliament on 25 March, to provide the Government with the powers it wanted to tackle the Covid-19 pandemic in the UK. PACAC has launched this inquiry to scrutinise the constitutional and public administration aspects of the Act, with the goal of …
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8
Recommendations
16
Conclusions
1
Report
4
Oral sessions
11
Letters
4
Events
Activity timeline 21 events
9 Dec
2020
2020
6 Oct
2020
2020
22 Sep
2020
2020
10 Sep
2020
2020
2 Sep
2020
2020
2 Sep
2020
2020
2 Sep
2020
2020
23 Jul
2020
2020
Oral evidence
23 Jul
2020
2020
Formal meeting (oral evidence session) · The Wilson Room, Portcullis House
21 Jul
2020
2020
14 Jul
2020
2020
Oral evidence
14 Jul
2020
2020
Formal meeting (oral evidence session) · The Thatcher Room, Portcullis House
Oral evidence sessions 4 sessions
23 Jul 2020
View on parliament.uk
Responding to Covid-19 and the Coronavirus Act 2020
Dame Una O’Brien DCB
Dr Alister Stark
Emma Norris · Institute for Government
Jason Beer QC
Sir Robert Francis · HealthWatch England
The Rt Hon. the Baroness Prashar CBE
The Rt Hon. the Lord Butler of Brockwell KG GCB CVO
14 Jul 2020
View on parliament.uk
Responding to Covid-19 and the Coronavirus Act 2020
Clara Swinson · Department for Health and Social Care
Edward Argar MP · Department of Health and Social Care
Katharine Hammond · Cabinet Office
Rt Hon Penny Mordaunt MP · Cabinet Office
23 Jun 2020
View on parliament.uk
Responding to Covid-19 and the Coronavirus Act 2020
Gordon Lyons MLA · Northern Ireland Assembly
Jeremy Miles MS · Welsh Government
Michael Russell MSP · Scottish Parliament
16 Jun 2020
View on parliament.uk
Responding to Covid-19 and the Coronavirus Act 2020
Dr. Ronan Cormacain · (self-employed)
Professor Aileen McHarg · Durham University
Raphael Hogarth · Institute for Government
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Fourth Report - Parliamentary Scrutiny of the Government’s handl… | HC 377 | 10 Sep 2020 | 24 | Responded |
Recommendations & Conclusions
24 results
1
Recommendation
Fourth Report - Parliamentary Scru…
The governance arrangements for responding to COVID-19 have not always been clear.
The governance arrangements for responding to COVID-19 have not always been clear. Press reports of a “quad” of Ministers making decisions in April raise questions of a parallel governance structure in addition to the formal Cabinet Committee structure. Such parallel …
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2
Conclusion
Fourth Report - Parliamentary Scru…
The effectiveness of governance arrangements overseen by the Cabinet Office is something that will continue...
The effectiveness of governance arrangements overseen by the Cabinet Office is something that will continue to be of interest to the Committee and form part of its future work programme.
Government Response
The structures underpinning the Government’s response to the COVID-19 pandemic have evolved over time. The virus appeared on 31 December 2019 and, within the first few days of January 2020, …
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3
Recommendation
Fourth Report - Parliamentary Scru…
The Government’s messaging on who could continue to work was not as clear as it...
The Government’s messaging on who could continue to work was not as clear as it should have been. The closure of schools and definitions of “key workers” caused some industries to close that could have continued to operate, such as …
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4
Conclusion
Fourth Report - Parliamentary Scru…
As a result of the timescales involved and the political situation, detailed scrutiny of the...
As a result of the timescales involved and the political situation, detailed scrutiny of the Coronavirus Bill was not practical. It is therefore very important that Government is held to account for how it uses and justifies the continued application …
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Government Response
The Civil Contingencies Act (CCA) is designed to be used only as a last resort, where it is not possible to take conventional or accelerated primary legislation through Parliament, and …
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5
Conclusion
Fourth Report - Parliamentary Scru…
The Government’s desire to find alternatives, such as bespoke primary legislation, to using the emergency...
The Government’s desire to find alternatives, such as bespoke primary legislation, to using the emergency provisions of the Civil Contingency Act 2004 is understandable. Bespoke primary legislation has the advantage of going through the stages of Parliamentary scrutiny. However, the …
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Government Response
The Civil Contingencies Act (CCA) is designed to be used only as a last resort, where it is not possible to take conventional or accelerated primary legislation through Parliament, and …
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6
Conclusion
Fourth Report - Parliamentary Scru…
The Government’s reticence to use the Civil Contingencies Act in response to a genuine national...
The Government’s reticence to use the Civil Contingencies Act in response to a genuine national emergency calls into question how fit for purpose that legislation is.
Government Response
The Civil Contingencies Act (CCA) is designed to be used only as a last resort, where it is not possible to take conventional or accelerated primary legislation through Parliament, and …
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7
Conclusion
Fourth Report - Parliamentary Scru…
The Committee is concerned by both the scale of legislation and the inability of Parliamentarians...
The Committee is concerned by both the scale of legislation and the inability of Parliamentarians to effectively amend COVID-19 legislation. The scale of legislation, covering a large number of statutory instruments made under multiple sources, makes it very difficult for …
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Government Response
The Government notes the Committee’s concerns. There has been a significant amount of COVID-19 legislation in a relatively short space of time, so to aid accessibility all COVID-19 legislation has …
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8
Conclusion
Fourth Report - Parliamentary Scru…
The current system of Parliamentary scrutiny in relation to lockdown regulations is not satisfactory.
The current system of Parliamentary scrutiny in relation to lockdown regulations is not satisfactory. The fact that this legislation, which contains stark restrictions on people’s civil liberties, is not amendable by Members, made under the urgent procedure and therefore without …
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Government Response
The Government notes the Committee’s concerns. There has been a significant amount of COVID-19 legislation in a relatively short space of time, so to aid accessibility all COVID-19 legislation has …
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9
Conclusion
Fourth Report - Parliamentary Scru…
Parliamentary processes and debates help to confer legitimacy upon policy changes made through emergency legislation,...
Parliamentary processes and debates help to confer legitimacy upon policy changes made through emergency legislation, particularly when the legislation is so striking in its curtailment of liberties that would normally be taken for granted. Such debates also provide opportunities for …
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Government Response
The Government notes the Committee’s concerns. There has been a significant amount of COVID-19 legislation in a relatively short space of time, so to aid accessibility all COVID-19 legislation has …
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10
Conclusion
Fourth Report - Parliamentary Scru…
The use of the urgent procedure has not always been justified, particularly when the Government...
The use of the urgent procedure has not always been justified, particularly when the Government has announced that measures will be introduced some weeks in advance. Examples of this are provided by the regulations mandating the use of face coverings …
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Government Response
These are unprecedented times and the virus moves quickly, so we need to have the powers at our disposal to respond immediately. It is deeply important that we strike the …
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11
Conclusion
Fourth Report - Parliamentary Scru…
In the event the Government believes it is necessary for the urgent procedure to 32...
In the event the Government believes it is necessary for the urgent procedure to 32 Parliamentary Scrutiny of the Government’s handling of Covid-19 be used to make affirmative statutory instruments, it behoves it, especially with legislation as important to the …
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Government Response
The Government does seek to provide as much notice and opportunity for scrutiny as possible, but the rapid changes in disease transmission rates means that due to timing, we are …
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12
Recommendation
Fourth Report - Parliamentary Scru…
The Committee strongly welcomes the Government’s publication of draft legislation for implementing future local lockdowns...
The Committee strongly welcomes the Government’s publication of draft legislation for implementing future local lockdowns similar to those in Greater Manchester or Leicester. This is a welcome improvement in transparency and facilitates parliamentary scrutiny of measures that may need to …
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13
Recommendation
Fourth Report - Parliamentary Scru…
The six-monthly Parliamentary reviews offer an opportunity for the House to debate the relevant temporary...
The six-monthly Parliamentary reviews offer an opportunity for the House to debate the relevant temporary provisions within the Coronavirus Act 2020 but they do not allow the House to individually vote on whether specific provisions should continue or be repealed. …
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14
Conclusion
Fourth Report - Parliamentary Scru…
The two-monthly reports on the status of non-devolved provisions, published under section 97, should be...
The two-monthly reports on the status of non-devolved provisions, published under section 97, should be an important tool for scrutiny, but as currently structured, the reports do not give enough detail to enable Parliament, experts or the public to do …
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Government Response
The Government recognises the need for two monthly reports to be in a timely manner and ensure the inclusion of evidence-based arguments. We are considering what other information would be …
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15
Recommendation
Fourth Report - Parliamentary Scru…
It is prudent of the Government not to seek to legislate for every eventuality, which...
It is prudent of the Government not to seek to legislate for every eventuality, which would lead to a myriad of confusing, flawed and ultimately unenforceable provisions and exceptions. There is, therefore, a clear role for both guidance and legislation …
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16
Conclusion
Fourth Report - Parliamentary Scru…
The Government did not immediately set out the exceptions to the ban on gatherings in...
The Government did not immediately set out the exceptions to the ban on gatherings in private dwellings in parts of the North of England but instead waited until it introduced the legislation. This is particularly strange when the exceptions relating …
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Government Response
HMG notes the Committee’s concerns and recognises that there has, on occasion, been an interval between the announcement of changes, and the making of the regulations that—at least in part—underpin …
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17
Conclusion
Fourth Report - Parliamentary Scru…
The Government’s published draft legislation for implementing future local lockdowns (referred to in Chapter 2...
The Government’s published draft legislation for implementing future local lockdowns (referred to in Chapter 2 of this report) should mean that it is easier to publish all information immediately when implementing new local lockdowns or relaxing local lockdowns slowly. However, …
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Government Response
HMG notes the Committee’s concerns and recognises that there has, on occasion, been an interval between the announcement of changes, and the making of the regulations that—at least in part—underpin …
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18
Conclusion
Fourth Report - Parliamentary Scru…
The motion under section 98 of the Coronavirus Act 2020 is an “all or nothing”...
The motion under section 98 of the Coronavirus Act 2020 is an “all or nothing” proposition. Under the terms of the motion, either all temporary provisions must be expired or none need to be. The House does not have any …
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Government Response
The Government shares the Committee’s view that, notwithstanding the exact wording of section 98, Members of the House should use the six-monthly reviews to raise issues and concerns and seek …
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19
Conclusion
Fourth Report - Parliamentary Scru…
While the House does not have the power to compel Ministers to cause specific temporary...
While the House does not have the power to compel Ministers to cause specific temporary provisions under the Coronavirus Act to expire, the powers Ministers have under the Act means that Members of the House can still use the six-monthly …
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Government Response
The Government shares the Committee’s view that, notwithstanding the exact wording of section 98, Members of the House should use the six-monthly reviews to raise issues and concerns and seek …
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20
Recommendation
Fourth Report - Parliamentary Scru…
The resolution of the debate will not affect all coronavirus-related legislation.
The resolution of the debate will not affect all coronavirus-related legislation. For example, “lockdown regulations”, are made under the Public Health (Control of Diseases) Act 1984 and would therefore not be legally affected by the six-monthly reviews. The Government should …
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21
Conclusion
Fourth Report - Parliamentary Scru…
Paragraphs 74–79 of this report includes evidence relating to specific provisions within the Coronavirus Act...
Paragraphs 74–79 of this report includes evidence relating to specific provisions within the Coronavirus Act that may be of interest to Parliamentarians for the six- 34 Parliamentary Scrutiny of the Government’s handling of Covid-19 monthly review. This includes powers under …
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Government Response
In addressing this recommendation, and the concerns of MIND (in Paragraph 91), the Government would like to assure the Committee that the temporary modifications to the Mental Health Act 1983, …
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22
Conclusion
Fourth Report - Parliamentary Scru…
Not all temporary provisions under the Coronavirus Act 2020 are in force.
Not all temporary provisions under the Coronavirus Act 2020 are in force. The Government’s two-monthly reports, on the status of non-devolved provisions, are therefore an important resource for the debate.
Government Response
The Government intends to timetable the six-monthly review date so that the two- monthly status report is published in good time. Whilst it may not always be possible to do …
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23
Recommendation
Fourth Report - Parliamentary Scru…
The Government should take care to timetable the six-monthly review debate so that the two-monthly...
The Government should take care to timetable the six-monthly review debate so that the two-monthly status report is published in good time before that debate takes place, ensuring Parliamentarians have the most up-to-date report to inform the debate.
24
Recommendation
Fourth Report - Parliamentary Scru…
It is vital that the temporary provisions in the Coronavirus Act are properly scrutinised and...
It is vital that the temporary provisions in the Coronavirus Act are properly scrutinised and justified. The six-monthly review debate is one of the main avenues for this scrutiny to take place. To aid effective scrutiny and transparency, it is …
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Correspondence 11 letters
6 Oct 2020
To committee
Letter from the Rt Hon Matt Hancock MP, Secretary of State for Health and Social Care on renewal of provisions in the Coronavirus Act 2020, dated 29.9.20
Parliament page
22 Sep 2020
From committee
Letter to the Rt Hon Michael Gove MP on debate on renewal of provisions in the Coronavirus Act 2020, dated 17.9.20
Parliament page
2 Sep 2020
To committee
Letter from Edward Argar MP, Minister of State for Health on follow-up evidence after 14.7.20 oral evidence session, dated 26.8.20
Parliament page
2 Sep 2020
To committee
Letter from Gordon Lyons MLA, Junior Minister, Executive Office, Northern Ireland on follow-up evidence after 23.6.20 oral evidence session, dated 3.8.20
Parliament page
2 Sep 2020
To committee
Letter from the Paymaster General Rt Hon Penny Mordaunt MP on follow-up evidence after 14.7.20 oral evidence session, dated 21.8.20
Parliament page
21 Jul 2020
To committee
Letter from Michael Russell MSP, Cabinet Secretary for Constitution, Europe and External Affairs on civil contingency planning and preparedness, dated 17.7.20
Parliament page
7 Jul 2020
To committee
Letter from Ed Humpherson, Director General for Regulation, Office for Statistics Regulation on Covid-19 statistics, dated 1.7.20
Parliament page
16 Jun 2020
To committee
Letter from Chloe Smith MP, Minister of State on Boundary review and electoral data and annual canvass 2020, dated 9.6.20
Parliament page
9 Jun 2020
Correspondence with Rt Hon Arlene Foster MLA regarding invitation to give oral evidence on Coronavirus, dated 2.6.20
Parliament page
9 Jun 2020
Correspondence with Rt Hon Nicola Sturgeon MSP regarding invitation to give oral evidence on Coronavirus, dated 2.6.20
Parliament page
9 Jun 2020
Correspondence with Rt Hon Mark Drakeford MP regarding invitation to give oral evidence on Coronavirus, dated 2.6.20
Parliament page