Fourth Report - Parliamentary Scrutiny of the Government’s handling of Covid-19

Select Committee
Public Administration and Constitutional Affairs Committee HC 377 10 September 2020
Report Status Government responded
Conclusions & Recommendations 24 items (13 recs)
Government Response (AI assessment · 24 of 24 classified)
Government response
Fifth Special Report - Parliamentary Scrutiny of the Government’s handling of Covid-19: Government Response to the Committee’s Fourth Report of Session 2019–21 · published 9 Dec 2020

Recommendations & Conclusions

13 results
1 Recommendation Accepted
Para 10
The governance arrangements for responding to COVID-19 have not always been clear.
Recommendation
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 … Read more
Government Response Summary
The government details the evolving governance structures for its COVID-19 response, including COBR, Ministerial Implementation Groups, and the later establishment of the COVID-19 Strategy and COVID-19 Operations cabinet committees, thereby setting out the requested arrangements.
3 Recommendation Accepted
The Government’s messaging on who could continue to work was not as clear as it...
Recommendation
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 … Read more
Government Response Summary
The government states it has always made and continues to make every effort to communicate COVID-19 policy clearly and simply, citing specific public information campaigns and clear guidance provided to industries like construction.
4 Conclusion Accepted
Para 18
As a result of the timescales involved and the political situation, detailed scrutiny of the...
Conclusion
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 … Read more
Government Response Summary
The government explained its decision to use the Coronavirus Act over the Civil Contingencies Act, highlighting that the Coronavirus Act includes built-in parliamentary scrutiny through six-month reviews and two-monthly reports, which it believes ensure accountability.
6 Conclusion Accepted
Para 35
The Government’s reticence to use the Civil Contingencies Act in response to a genuine national...
Conclusion
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 Summary
The government explained its decision to use the Coronavirus Act over the Civil Contingencies Act, asserting that the CCA is designed as a last resort and that the Coronavirus Act provided an opportunity for prior parliamentary scrutiny with agreed renewal of powers.
7 Conclusion Accepted
Para 48
The Committee is concerned by both the scale of legislation and the inability of Parliamentarians...
Conclusion
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 … Read more
Government Response Summary
The government noted the committee's concerns, highlighting that existing mechanisms like debates and oral statements offer accountability opportunities and that parliamentary input is taken into consideration, despite regulations not being amendable.
8 Conclusion Accepted
Para 49
The current system of Parliamentary scrutiny in relation to lockdown regulations is not satisfactory.
Conclusion
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 … Read more
Government Response Summary
The government noted the committee's concerns, explaining that existing parliamentary opportunities, such as debates and oral statements, provide mechanisms for accountability and that members' input is considered, although regulations are not amendable.
11 Recommendation Accepted
Para 52
In the event the Government believes it is necessary for the urgent procedure to 32...
Recommendation
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 … Read more
Government Response Summary
The government acknowledged seeking to provide timely scrutiny but noted challenges due to rapid changes in disease transmission, citing the Tiers structure and COVID-19 Winter Plan as examples where policy was set out and legislation debated in advance.
15 Recommendation Accepted
Para 76
It is prudent of the Government not to seek to legislate for every eventuality, which...
Recommendation
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 … Read more
Government Response Summary
The government acknowledges past issues with clarity and commits to continually striving to ensure future announcements are made in good time and that communications clearly distinguish between guidance and legal requirements.
18 Conclusion Accepted
Para 84
The motion under section 98 of the Coronavirus Act 2020 is an “all or nothing”...
Conclusion
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 … Read more
Government Response Summary
The government acknowledged the 'all or nothing' nature of the motion but argued that members can still effectively influence Ministers during six-monthly reviews, citing an example where this led to policy change, while rejecting a 'pick and choose' approach to maintain legal certainty.
21 Conclusion Accepted
Para 94
Paragraphs 74–79 of this report includes evidence relating to specific provisions within the Coronavirus Act...
Conclusion
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 … Read more
Government Response Summary
The Government announced the removal of the Mental Health Provisions under Section 10 (Schedule 8) of the Coronavirus Act in their entirety for England and partially for Wales, noting they were not required. It also provided an update on the use and necessity of powers under Schedules 21 and 22.
22 Conclusion Accepted
Para 98
Not all temporary provisions under the Coronavirus Act 2020 are in force.
Conclusion
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 Summary
The government committed to timetabling six-monthly reviews to ensure two-monthly status reports are published promptly, and will ensure six-month reports are no less detailed, continually providing updated information and evidence-based analysis.
23 Recommendation Accepted
Para 100
The Government should take care to timetable the six-monthly review debate so that the two-monthly...
Recommendation
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.
Government Response Summary
The government intends to timetable the six-monthly review debate so the two-monthly status report is published in good time, striving to maximise timetabling despite potential limitations like house sittings, and committing to provide up-to-date information.
24 Recommendation Accepted
It is vital that the temporary provisions in the Coronavirus Act are properly scrutinised and...
Recommendation
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 … Read more
Government Response Summary
The government has published a Coronavirus Act Analysis, accessible online and committed to updating it, which sets out the rationale, justification, and evidence for the Act's provisions. They also intend to timetable the six-monthly review to ensure timely publication of reports.