4th Report - Covid-19 and the criminal law
Select Committee
Justice Committee
HC 71
24 September 2021
Government response
Second Special Report - Covid-19 and the criminal law: Government Response to the Committee’s Fourth Report of Session 2021–22 · published 8 Sep 2022
Recommendations & Conclusions
7 results
3
Conclusion
Acknowledged
Para 7
However, the creation and enforcement of any new criminal offence must be compatible with widely...
Conclusion
However, the creation and enforcement of any new criminal offence must be compatible with widely understood principles of the rule of law. Ensuring that those principles are upheld serves to enhance understanding of and compliance with the law, which is …
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Government Response Summary
The government described its approach to legal changes during the pandemic, asserting that actions were necessary and proportionate and that restrictions were removed when safe. It also outlined its strategy to move away from regulations to public health measures and guidance.
Ministry of Justice
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8
Recommendation
Acknowledged
Para 23
We support the creation of the UK Health Security Agency as a new body designed...
Recommendation
We support the creation of the UK Health Security Agency as a new body designed to ensure the nation can respond quickly and at greater scale to future pandemics. In line with Lord Wolfson’s suggestion that expertise in the criminal …
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Government Response Summary
The government acknowledges the need for lessons learned and states central government departments are best placed to consider the criminal justice system's role and ensure relevant expertise is fed into the policy process for future pandemic preparedness. It does not explicitly commit to ensuring UKHSA itself has sufficient criminal law expertise.
Ministry of Justice
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9
Recommendation
Acknowledged
Para 24
Given the central role that new covid-19 related offences and lockdown laws played in protecting...
Recommendation
Given the central role that new covid-19 related offences and lockdown laws played in protecting public health, we recommend that the Government commission a study, to be conducted by the UK Health Security Agency or other relevant body, into the …
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Government Response Summary
The government agrees that lessons must be learned from the pandemic experience and will draw on expertise within UKHSA and other bodies. It states central government departments are best placed to consider the criminal justice system's role and is continuing to review measures for future pandemics, but does not explicitly commit to commissioning the specific study recommended.
Ministry of Justice
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10
Conclusion
Acknowledged
Para 25
There has been general recognition of the need to respond very quickly to the changing...
Conclusion
There has been general recognition of the need to respond very quickly to the changing circumstances of the pandemic, particularly as it began when facts about the virus were not well known. The Government was right to use all the …
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Government Response Summary
The government acknowledges the committee's observation, stating that the UK and Devolved Governments responded to unprecedented challenges during the pandemic to protect public health, the NHS, and livelihoods.
Ministry of Justice
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12
Recommendation
Acknowledged
Para 29
A lesson from the covid-19 pandemic is that Parliament should play a more active role...
Recommendation
A lesson from the covid-19 pandemic is that Parliament should play a more active role in the creation, scrutiny and oversight of new criminal offences in response to emergencies. One of the primary functions of parliamentary scrutiny of legislation is …
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Government Response Summary
The government agrees on the importance of timely scrutiny for emergency legislation and explains the challenges and measures taken during the pandemic, but does not commit to specific new actions or a formal consideration process for future improvements.
Ministry of Justice
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16
Conclusion
Acknowledged
Para 43
We recognise that throughout the pandemic the Government’s priority has been to communicate as clearly...
Conclusion
We recognise that throughout the pandemic the Government’s priority has been to communicate as clearly as possible to the public what they should and should not do. We also recognise that due to the speed with which legislation needed to …
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Government Response Summary
The government acknowledges the challenges in communicating clear guidance during the pandemic, stating they have evolved their approach and continue to make efforts to communicate law and guidance as clearly as possible.
Ministry of Justice
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18
Conclusion
Acknowledged
Para 45
We recognise that sometimes novel offences were created at speed and that there was inevitably,...
Conclusion
We recognise that sometimes novel offences were created at speed and that there was inevitably, therefore, some initial uncertainty about their extent and application. The concept of legal certainty is also an essential component of the rule of law. In …
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Government Response Summary
The government agrees that good communication is essential for compliance and protecting public health, and states they will learn lessons from pandemic communications via the COVID-19 public inquiry for future planning.
Ministry of Justice
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