Seventh Report - Coronavirus Act 2020 Two Years On
Select Committee
Public Administration and Constitutional Affairs Committee
HC 978
18 March 2022
Recommendations
5 results
6
Acknowledged
Para 47
In order to provide clarity to the public, the Committee calls on the Government to...
Recommendation
In order to provide clarity to the public, the Committee calls on the Government to set out in more detail the timetable for the inquiry. We also call on the Government to require that the inquiry proceeds in a thorough …
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Government Response Summary
The government refers to the independent, statutory public inquiry into COVID-19 and its broad scope, stating that whether any additional centrally-coordinated review will take place on the individual provisions in the Act is still to be determined.
7
Deferred
Para 48
We also recommend that the UK Covid-19 Inquiry include a comprehensive analysis of the necessity...
Recommendation
We also recommend that the UK Covid-19 Inquiry include a comprehensive analysis of the necessity and proportionality of each section of the Coronavirus Act 2020 to better aid in the future development of similar emergency legislation. Should the public Coronavirus …
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Government Response Summary
The government refers to the independent, statutory public inquiry into COVID-19 and its broad scope, stating that whether any additional centrally-coordinated review will take place on the individual provisions in the Act is still to be determined.
9
Accepted
Para 59
The Committee urges the Government to look again at the possibility of introducing a piece...
Recommendation
The Committee urges the Government to look again at the possibility of introducing a piece or range of draft legislation to allow for prior scrutiny of plans before an emergency occurs. Whilst the Committee appreciates the point made by the …
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Government Response Summary
The government notes the Act was built on a draft emergency bill and states that future emergency legislation would always need to be tailored to the specific threat posed at the time, while continuing to review the legal framework and lessons learned.
11
Deferred
Para 67
We urge the Government to include this in the inquiry looking at the pandemic response...
Recommendation
We urge the Government to include this in the inquiry looking at the pandemic response and commit to set out a more consistent approach to publishing all data that inform decision making, including how those data have been utilised, in …
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Government Response Summary
The government recognises the importance of sharing COVID-19 data and highlights existing surveillance systems, SAGE publications, and UKHSA's work with the Office for Statistics Regulation; the independent UK COVID-19 Inquiry plans to examine the availability and use of data for public health decision-making.
13
Acknowledged
The Committee calls on the Government to carefully consider the use of guidance in future...
Recommendation
The Committee calls on the Government to carefully consider the use of guidance in future emergencies to ensure maximum clarity and minimal complexity for the public and law enforcement. The Government should ensure that future legislation of this type doesn’t …
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Government Response Summary
The Government recognises the different roles that guidance and legislation play in supporting the public in responding to the pandemic and the importance of Parliamentary scrutiny. They have sought to learn lessons on its communications approach.
Conclusions (8) Observations and findings — click to expand
1
Conclusion
Acknowledged
Para 27
The Committee noted that sunset clauses, including their appropriate length, should be considered carefully for any future legislation. Whilst a useful legislative tool, they can allow for stronger and broader powers than would otherwise be passed by Parliament, and the Government recognised in their evidence that without the sunset clause, …
Government Response Summary
The government states that the sunset clause for the temporary provisions within the Act aimed to strike a balance between introducing necessary provisions to tackle the pandemic, whilst ensuring they remained in force for only as long as they were needed. The government continues to review the legal framework and lessons learned from COVID- 19.
2
Conclusion
Accepted
Para 28
Any future use of sunset clauses in relation to emergency legislation should come with a clear explanation about why the Government believes that the length of the sunset being proposed is proportionate to the emergency being addressed.
Government Response Summary
The government states the sunset clause aimed to strike a balance and highlights the Act's flexibility to expire or suspend provisions before the sunset date, and the inclusion of six-monthly reviews and renewal votes in Parliament.
3
Conclusion
Acknowledged
Para 36
Whilst we accept the Secretary of State for Health and Social Care’s defence of the length of the sunset clause, we have concerns over the lack of ability to amend provisions at subsequent points. The Committee welcomes Mr Javid’s acknowledgment that Parliament not being able to amend at least some …
Government Response Summary
The government recognises the vital importance of Parliamentary scrutiny and believes each of the powers in the Act has been subject to in-depth Parliamentary scrutiny throughout the lifespan of the Act, noting the Committee's view on the ability to amend individual provisions.
4
Conclusion
Acknowledged
The Committee noted the improvement in the content of the two-monthly reports and welcomes the Government committing to identify further improvements that could be made as part of a ‘lessons learned’ inquiry. We look forward to seeing these improvements in the report of March 2022 which will cover the four …
Government Response Summary
The government thanks the Committee for recognising improvements to the two-monthly reports and commits to continuing to improve the quality of these reports, taking on board feedback.
5
Conclusion
Acknowledged
Para 46
The Committee welcomes the Government’s commitment to a thorough and wide- ranging inquiry to learn the lessons from the Government’s response to the Covid-19 pandemic. The Committee welcomes that the inquiry’s draft terms of reference are being put for public consultation, and that bereaved families and other affected groups are …
Government Response Summary
The government refers to the independent, statutory public inquiry into COVID-19 and its broad scope, stating that whether any additional centrally-coordinated review will take place on the individual provisions in the Act is still to be determined.
8
Conclusion
Accepted
Para 58
The Committee noted the existence of the draft Pandemic Flu Bill and believes that, although appreciating that the uncertainty around the future make it difficult, conducting pre-legislative scrutiny to provide an update and improved version of previous work would be of considerable benefit to the preparedness to respond to the …
Government Response Summary
The government notes the Act was built on a draft emergency bill and states that future emergency legislation would always need to be tailored to the specific threat posed at the time, while continuing to review the legal framework and lessons learned.
10
Conclusion
Acknowledged
Para 66
The Committee welcomes the Government’s willingness to consider whether the publication of data in future emergencies could be improved.
Government Response Summary
The government recognises the importance of sharing COVID-19 data and highlights existing surveillance systems, SAGE publications, and UKHSA's work with the Office for Statistics Regulation.
12
Conclusion
Acknowledged
Para 74
We welcome the commitment from the Secretary of State to learn lessons from the way the Government legislated during this pandemic and expect it to be a subject of investigation within the upcoming inquiry into the Government’s COVID-19 response. The Committee has noted that the use of guidance to change …
Government Response Summary
The Government recognises the different roles that guidance and legislation play in supporting the public in responding to the pandemic and the importance of Parliamentary scrutiny. They have sought to learn lessons on its communications approach.