Coronavirus Act 2020 (Review of Temporary Provisions)

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Wednesday 30th September 2020

(4 years, 1 month ago)

Commons Chamber
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Matt Hancock Portrait The Secretary of State for Health and Social Care (Matt Hancock)
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I beg to move,

That the temporary provisions of the Coronavirus Act 2020 should not yet expire.

When we first introduced the Act in March, I said that coronavirus is the most serious public health emergency that the world has faced in a century. Now, six months later, it is still the most serious public health emergency that the world has faced in a century. We have worked hard, overwhelmingly across party lines and sometimes at great pace, and come together to slow the spread of this virus. With the help of this Act, we protected the NHS, we built the Nightingale hospitals, and we welcomed thousands of clinicians back to the frontline. The Act helped people to get more appropriate care, faster; it helped the NHS and social care to harness technology like never before; and it has allowed the Government to deliver unprecedented economic support in troubled times. Although we have made huge strides in expanding testing and huge progress toward a vaccine, with the virus still at large, the Coronavirus Act 2020 and the measures within it remain as important as then.

Our strategy is to suppress the virus while protecting the economy, education and the NHS until a vaccine makes us safe. The Act is still needed to keep people safe. I understand that these are extraordinary measures, but they remain temporary, time-limited and proportionate to the threat that we face. Some of the measures we seek not to renew; some have, thankfully, not been used, but it is imperative that we maintain the ability to use them if needed; and some of the measures have proved critical to our response and are now used to keep people safe every day. To stand down the Act now would leave Britain exposed at a time when we need to be at our strongest.

This virus moves quickly, so we need to have the powers at our disposal to respond quickly. It is deeply important to me that we strike the right balance between acting at pace and proper scrutiny. I believe in the sovereignty of Parliament, I believe that scrutinised decisions are better decisions, and I believe in the wisdom of this House as the cockpit of the nation.

This has been an unprecedented time. This House has had to do many unprecedented things, many of which have been uncomfortable. I have listened to the concerns raised about scrutiny. As you pointed out earlier, Mr Speaker, there have been times when this pandemic has challenged us all and we have not been able to do this as well as we would have liked. I therefore propose that we change the approach to bringing in urgent measures. I am very grateful to all colleagues we have worked with to come forward with a proposal that will allow us to make decisions and implement them fast, yet also ensure that they are scrutinised properly.

Today, I can confirm to the House that for significant national measures with effect in the whole of England or UK-wide, we will consult Parliament; wherever possible, we will hold votes before such regulations come into force. But of course, responding to the virus means that the Government must act with speed when required, and we cannot hold up urgent regulations that are needed to control the virus and save lives. I am sure that no Member of this House would want to limit the Government’s ability to take emergency action in the national interest, as we did in March.

We will continue to involve the House in scrutinising our decisions in the way my right hon. Friend the Prime Minister set out last week, with regular statements and debates, and the ability for Members to question the Government’s scientific advisers more regularly, gain access to data about their constituencies and join daily calls with my right hon. Friend the Paymaster General. I hope these new arrangements will be welcomed on both sides of the House, and I will continue to listen to colleagues’ concerns, as I have tried my best to do throughout.

Lord Brady of Altrincham Portrait Sir Graham Brady (Altrincham and Sale West) (Con)
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I thank my right hon. Friend for being prepared to listen and for the constructive conversations that we have had over the last couple of weeks. As he said, Members on both sides of the House understand the importance of Ministers having the freedom to act quickly when it is necessary, but we are grateful that he and other members of the Government have understood the importance of proper scrutiny in this place and the benefits that that can bring for better government.

Matt Hancock Portrait Matt Hancock
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I am grateful to my hon. Friend. I agree with him on the point about scrutiny. I am very glad that we have been able to find a way to ensure that we can have that scrutiny and that colleagues on both sides of the House can have the opportunity to vote, but in a way that still does not fetter the Government’s need to act fast to keep people safe from this virus.

Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
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I am extremely grateful to my right hon. Friend for what he has set out and the manner in which he has done it, and I thank him very much indeed. He said earlier that he would not be renewing some of these provisions. May I just invite him to say something about mental health, and also something about schedule 21 relating to potentially infectious persons?

Matt Hancock Portrait Matt Hancock
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I am grateful to my hon. Friend. We have been working together to try to find a way through this that works both for the House and for the circumstances. There has been a change in the way that schedule 21 is used, and I believe that has reduced some of the concerns in this area, but we will continue to keep it under review.

I will say something about mental health later in my speech. There are measures on mental health in the Act that have not been used and that we are not seeking to renew. I hope that reassures colleagues that we take a proportionate approach to these measures and that although we want to make sure we have the measures we need, when we do not need them we will set them aside.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the Secretary of State for all he has done. I have spoken to him many times about these issues. I am sure that he, like me, has received lots of emails outlining concerns about the stripping back of health and social care. The Government must ensure that such powers can be used only when absolutely necessary and not to save funding while leaving people without appropriate care. Will the Secretary of State please reassure the House as to how the power will be regulated and reassure us that people’s health and social care rights will be protected?

Matt Hancock Portrait Matt Hancock
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Yes. The powers in the Act have allowed us not only to ensure that people get the care that they need and that that care is targeted where necessary, but to allow people to get better and faster access to care when they are in hospital and have to leave, by ensuring that a care package is there. In their totality, the measures on care in the Act have without doubt helped us both to protect the NHS and to support social care, and crucially to support the patients who need that care. We will therefore of course take them forward, because of that positive overall effect.

Ed Davey Portrait Ed Davey (Kingston and Surbiton) (LD)
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Has the Secretary of State seen the evidence that many disabled people and people who need care have not received the care that they need? If he listens to the organisations that represent disabled people, he will hear that they are extremely worried about schedule 12 in particular and the easements on the duties of local authorities to assess and meet care needs. Is he telling the House that the Government are not renewing that schedule—yes or no?

Matt Hancock Portrait Matt Hancock
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Yes, we are renewing that schedule, because it is very important for ensuring that we prioritise care for those who need it most. The concerns that the right hon. Gentleman raises now were raised during the passage of the Act, when we had a good discussion on the subject. I believe that the way the Act has worked has, overall, improved access to care for people both in hospital and in our social care system, which has, of course, been an area of great scrutiny throughout the pandemic.

Steve Brine Portrait Steve Brine (Winchester) (Con)
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I thank the Secretary of State very much for the sensible measures the Government have taken today on the involvement and ongoing consent of this House. There is widespread public concern out there about consent and the measures we are imposing on their lives. Just to be clear for the public, and some sectors of the media, watching this debate: many of the restrictions that we are reluctantly having to place on our constituents’ lives do not come through the Coronavirus Act 2020; they come through many other pieces of legislation, but primarily the Public Health (Control of Disease) Act 1984.

Matt Hancock Portrait Matt Hancock
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Yes. What I have said relates to measures to do with the pandemic response. As my hon. Friend says, the vast majority of the measures in respect of social distancing restrictions were introduced under 1984 Act; only a minority were introduced under the Coronavirus Act. Nevertheless, the point about scrutiny is an important one no matter what the origin of the statutory instrument. In essence, we have managed to innovate with parliamentary procedure to find a way that we can move both quickly and with the proper scrutiny of Parliament. That is what we have been seeking to do. In these unprecedented circumstances, many innovations have had to be made, not least in Parliament, and this is another one. There were two contrasting needs—the need for proper scrutiny and the need for very speedy action—and I am really pleased that we have been able to find a way through that, I hope, commands the support of the whole House.

Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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I thank my right hon. Friend and the business managers for the work they have done in reaching this solution, and I hope, Mr Speaker, that you will think that, following your stern words earlier, the Government have listened and come forward with some measures that have responded appropriately.

May I just press the Secretary of State? He said in his remarks that the Government will bring forward votes in advance of the measures coming into force on national measures covering the whole of England or the whole of the UK. Obviously, some of the measures that have come into force so far have been quite significant, covering large parts of the country and millions of people. I accept there is a judgment to be made here; can he say a little more about where the line will be drawn about what is brought to this House in advance?

Matt Hancock Portrait Matt Hancock
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In a way my right hon. Friend, who has huge experience in these matters, answers his own question, because of course there is a judgment to be made. We have made a very clear commitment to the process that we will follow, and I hope that over the weeks to come we will demonstrate through our actions and through what we bring forward that we are true to that commitment, which essentially will become a new convention.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Given the number of cases in which schedule 21 has been inappropriately used, can the right hon. Gentleman explain to the House what the definition is of a “potentially infectious” person? How is a police officer meant to know who is potentially infectious, and in the middle of a pandemic does that not include every single one of us, and are not the powers that the police have been given to detain us really quite worrying? Will he undertake to look at this again?

Matt Hancock Portrait Matt Hancock
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The right hon. Gentleman will know that the guidance has been looked at again, and the Crown Prosecution Service has issued new guidance that has rectified the concerns raised at the start. I am satisfied that that new guidance is appropriate and proportionate, and therefore I am satisfied that we should renew schedule 21, because, to answer his point, it is crucial that in circumstances where it is necessary to act to keep people safe we have the powers to do so, but they must be proportionate, and I think that the guidance has answered that.

None Portrait Several hon. Members rose—
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Matt Hancock Portrait Matt Hancock
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If I may, I will make a bit of progress, because otherwise I will take the whole 90 minutes myself.

The central point is that we need to ensure that we strike a balance so that we get the scrutiny right and also meet the need to act fast. The vote tonight is about whether to renew the Coronavirus Act, and I emphatically urge Members on both sides to vote in favour of that Act because of the broad range of powers without which it would simply be impossible to have an effective response to this virus.

First, the Act has helped us boost the health and social care workforce. One of the achievements in this crisis is that we are able to protect the NHS, and one of the reasons we were able to do that was that we were able to support people on the frontline. This Act allowed the emergency registration of health and social care professionals—nurses, midwives, paramedics, social workers —who wanted to return to the national effort. Skilled and experienced staff were able to return to work and add capacity at a time of emergency.

Secondly, this Act does not just support the NHS frontline: the second part of the Act protects all public servants who keep the UK running safely and securely. Over the past few months we have seen huge changes in the way our public services have operated. This Act allows for remote working and for moving meetings online, and it is about acting quickly to prioritise essential activities. The Act supports vital temporary measures that have allowed public services to keep their work going. This includes courts keeping running in a covid-secure way through the use of virtual hearings; up to 65% of hearings each day now involve somebody joining remotely, so it is integral to maintaining the rule of law that we keep these measures in place. The measures have also kept local democracy going by allowing councils to hold their meetings virtually. These are sensible and pragmatic steps that have helped us keep vital institutions operating in the midst of the pandemic.

The Act gives the Home Secretary powers to close and suspend operations at UK ports and airports if there are insufficient staff to maintain border security. This is one of the powers that has not yet been used, and I hope we will never have to use it, but it remains an important tool at our disposal.

Nusrat Ghani Portrait Ms Nusrat Ghani (Wealden) (Con)
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I welcome my right hon. Friend’s earlier statement. My constituents are incredibly concerned about the powers given in this Act, but I would argue that this debate is not only about scrutiny and allowing the House to debate and vote; it is also about giving the Secretary of State the credibility to continue the work he is doing. It also exposes the difficult decisions and trade-offs he has to make, balancing the spread of the virus against all the restrictions we have to face, so I welcome the opportunity for further debates—much longer, I hope—and votes, too.

Matt Hancock Portrait Matt Hancock
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We are absolutely open to further and longer debates—for instance, the debate we had on Monday. Under the Standing Orders of the House, this debate is 90 minutes, and neither the Speaker nor we had the choice over that, but we introduced a full day’s debate on Monday, and there will be many more debates to come.

I turn to a measure that we will not be renewing. I have said that we will keep measures in place only for as long as is necessary, and I can tell the House that in one area we will revoke a power that was part of the original Act. When creating the Act, we included provisions to modify mental health legislation to reduce from two to one the number of doctors’ opinions needed to detain someone under the Mental Health Act 1983 and to extend legal time limits on the detention of mental health patients. These were always powers of last resort, and I was not persuaded, even in the peak, that they were necessary, because our mental health services have shown incredible resilience and ingenuity. I have therefore decided that these powers are no longer required in England and will not remain part of the Act. We will shortly bring forward the necessary secondary legislation to sunset these provisions.

The third part of the Act contains measures to suppress the virus. As a nation, we have succeeded in suppressing the virus once, thanks to so many sacrifices by so many people, but with cases on the rise, we know that more needs to be done, and we need to do it together. Our central strategy of suppressing the virus while protecting the economy, education and the NHS until a vaccine arrives is underpinned by this part of the Act. It gives us stronger powers to restrict or prohibit events and public gatherings, and where necessary to shut down premises. It gives police and immigration officers the power to isolate a person who is or may be infectious, and it allows us to close educational settings or childcare providers. Again, these are not measures that anyone wants to use, but we must keep them in place for the moment, because we need every weapon in our arsenal to fight this virus, and these are a proportionate response.

Marco Longhi Portrait Marco Longhi (Dudley North) (Con)
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As the virus clearly behaves according to how each and every one of us behaves, will the Secretary of State join me in condemning what we saw on the news this morning at Coventry University, where some students were behaving in a shameful way, up close and personal, partying?

Lindsay Hoyle Portrait Mr Speaker
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Order. Let me just say that the Secretary of State said that the time could not have been extended. Yes, it could, and I would have agreed to it.

Matt Hancock Portrait Matt Hancock
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Thank you, Mr Speaker.

My hon. Friend’s comments are absolutely right. The need for all of us to exercise responsibility in a world where the virus can pass asymptomatically, without anybody knowing that they have it, is sadly a feature of life during the pandemic, which I hope will be over sooner rather than later.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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I am very grateful for the correspondence that the Secretary of State and I have had on a specific issue relating to local restrictions in Wales, which have quite rightly been imposed by the Welsh Government, that do not allow people to travel outside their county borough area except for a reasonable excuse, which does not include going on holiday. That means that lots of people have lost every single penny on their holiday, because lots of companies have refused to pay out on insurance or change the date of their holidays. They say that Welsh Government rules are just guidance and do not have the full force of law. I hope the Secretary of State can stand at the Dispatch Box now and say very clearly to those companies that they should be reimbursing people because those restrictions have the full force of law. The Welsh Government are of course the legitimate body that makes the rules in terms of the local measures in place in Wales. That is the devolution settlement, as we have discussed many times in the last six months, and people should respect that.

Matt Hancock Portrait Matt Hancock
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Of course the companies involved should be making recompense where that is appropriate, and I hope that we can come forward with a resolution to this issue sooner rather than later.

Tim Farron Portrait Tim Farron (Westmorland and Lonsdale) (LD)
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Will the Secretary of State give way?

Matt Hancock Portrait Matt Hancock
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If I could just make some progress.

The fourth part of the Act contains measures for managing the deceased. This is a devastating virus that has caused pain and suffering for many and, tragically, has taken away many loved ones before their time. We have worked hard to treat them with the utmost dignity, along with protecting public health and respecting the wishes of the families of the bereaved.

The Act expands the list of people who can register a death to include funeral directors, and sets out that coroners only have to be notified when a medical professional is not available to sign a death certificate. It allows death certificates to be emailed, instead of physically presented, removes the need for confirmatory medical certificates in order for a cremation to take place and relieves coroners from the need to hold inquests with a jury in suspected covid-19 deaths. Over the past few months, those powers have eased pressure on coroners, reduced distress to the bereaved and allowed funerals to take place without delay. We therefore propose to keep them.

Finally, the fifth part of the Act includes measures to protect and support people through this crisis. The financial support provided by the Government has proved to be a lifeline for so many. These measures in the Coronavirus Act made that support possible. The Act provides for the furlough scheme, the temporary increase in working tax credits and making statutory sick pay payable from day one. Without the Act, we would not have furlough or the job support scheme. The Act also includes measures to protect both business and residential tenants by delaying when landlords can progress evictions.

I know the burdens that the virus has placed on the livelihoods of so many, and we have worked to give as much protection as possible. I think that the whole House will want to keep these powers in place so that we can continue to help people in future. Without the passage of this motion, the financial support for people that is provided for and legally underpinned in this Act would not be legally possible. I understand that many colleagues may have concerns about individual parts of the Act, but a vote for this Act allows many of the necessary legal powers that have been required, including underpinning the financial support that has kept so many people afloat during the crisis.

Tim Farron Portrait Tim Farron
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I am grateful to the Secretary of State for giving way. Will he agree, though, that the inconsistent and sometimes nonsensical application of some of the rules is doing damage to some of the businesses that he talks about? In particular, I am thinking of the wedding industry and the many families who have been affected by that. The rule of six surely can apply so that a place that can take many multiples of six could host weddings and give people their special day, and so that it does not kill a vital industry not just in the lakes and the dales, but across the country.

Matt Hancock Portrait Matt Hancock
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I think we have shown throughout that we are always willing to try to improve the way the rules operate in a way that is safe. At weddings, of course people tend to come together physically. It is a time of celebration of love, and that is in its nature, so we make restrictions with huge regret, but we always keep an open mind on the public health evidence.

Dawn Butler Portrait Dawn Butler (Brent Central) (Lab)
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If the Coronavirus Act were voted down today, would the Minister not have 21 days to bring forward to the House another Act, which the House can then agree?

Matt Hancock Portrait Matt Hancock
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The principle of the Coronavirus Act is that it underpins so many of the actions that are necessary. To vote down the Act and not to renew it would lead to an undermining of the actions that we need to take to keep this country safe.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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I have a lot of sympathy with what the Secretary of State is saying, but may I also support what was said by the hon. Member for Westmorland and Lonsdale (Tim Farron), not only about the wedding industry but about the exhibitions and events industry? Will my right hon. Friend at least bear in mind that good sense from careful people who seek to be covid-sensible and compliant would enable him to exercise some flexibility in the very inflexible rules that currently govern those two important industries, which are flat on their backs?

Matt Hancock Portrait Matt Hancock
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We are always happy to look at the evidence on how these things can be done—absolutely. I would be very happy to talk to my right hon. Friend about how we can take this forward.

Edward Timpson Portrait Edward Timpson (Eddisbury) (Con)
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On the 15-person limit at wedding venues, it would help a lot of those in the industry, which is struggling desperately, if they could see the public health evidence and anything else taken into consideration in coming to that judgment. The difference between them and the rest of the hospitality industry does stand out, and they are going to be in a further desperate state for the next six months.

Matt Hancock Portrait Matt Hancock
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I will ask my right hon. Friend the Business Secretary to take up that point. The Business Department is responsible for making sure that the business rules are right, and I know that it looks at them very carefully.

The Coronavirus Act remains as fundamental as it was when introduced to this House six months ago. We will beat the pandemic, but we are not there yet. I urge the House to approve this motion, so that we can keep responding with speed and with strength. As we have heard during the opening of this debate, we are always looking to listen, learn and improve the response as much as possible, but without this Act our response will be harmed very significantly. At a time when this nation is being tested like never before in peacetime, I commend the motion to the House.

Lindsay Hoyle Portrait Mr Speaker
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I remind Back Benchers that, unlike Front Benchers, they will have three minutes each.

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Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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Does my hon. Friend agree that the Government are attempting to shift blame on to local councils? The councils quite rightly want restrictions, but what is happening is that they are asking for things but not being given them. There is also no consultation at all on how the restrictions should be implemented locally, which is leaving the councils with the confusion that we have had over the last few—

Matt Hancock Portrait Matt Hancock
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indicated dissent.

Lord Beamish Portrait Mr Jones
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The Secretary of State shakes his head, but in the north-east, that is exactly what has happened. Does my hon. Friend agree that if councils ask for things, there should be a joint approach, rather than just a diktat from Whitehall?

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Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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My hon. Friend is absolutely right. The lesson with promises from this Government is that we always need them in writing, and even then they are not necessarily delivered.

Matt Hancock Portrait Matt Hancock
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He will be able to read it in Hansard in the morning.

Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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Moving swiftly on.

In England, the number of tests, the availability of tests and the turnaround time simply are not good enough. So dire is the situation that the Prime Minister is arguing with the Health Secretary over whether testing even matters. The Health Secretary has said that

“finding where the people are who test positive is the single most important thing that we must do to stop the spread of the virus”,

and I agree with him. I agree with the Health Secretary. The shame is that the Prime Minister does not appear to, because he has said the complete opposite. The Prime Minister has said:

“Testing and tracing has very little or nothing to do with the spread or the transmission of the disease.”—[Official Report, 22 September 2020; Vol. 680, c. 822.]

Yet again, the Prime Minister refuses to take responsibility for his own actions and his own failings.

The testing of care home residents and staff is critical to saving lives, yet in England there have been repeated delays to the roll-out of testing, and people have waited days for their results. We are also witnessing chaotic scenes at our universities as students are locked down for the want of testing. The Prime Minister has been talking about a “moonshot”, but it is time he stopped looking up at the sky in vain hope and focused instead on what is happening in the everyday lives of families and businesses up and down the country. The failure to show that grip and strategic leadership has severely hampered the way in which the UK Government work with other Governments, as my right hon. Friend the Member for North Durham (Mr Jones) said. Some have not even been properly informed of lockdown plans for their own areas. Let us take yesterday as an example, when we had the chaos of the Prime Minister himself unable to outline what additional restrictions his own Government were implementing for the north-east of England. It is, frankly, an embarrassment, and people deserve better. If the Prime Minister actually bothered to communicate with some of the devolved Governments, he might learn something. In Wales, the tracing system is significantly better. The percentage of contacts that has been reached has been consistently higher than in England, and the Prime Minister ought to follow that best practice.

Let me turn to some of those most at risk in our society. The Health Secretary claimed to have thrown a “protective ring” around care homes in England. If that is what the Government call the shambles they presided over, I would hate to see what they consider a mess to be. Again, the Prime Minister tried to shift the blame, insultingly suggesting that

“too many care homes didn’t really follow the procedures”,

and that was when the Government’s own advice at the start of the pandemic said that people in care homes were “very unlikely” to be infected. The truth is that too many care homes were left high and dry. There was not enough support, insufficient personal protective equipment and a lack of testing. I am sorry to say that some of the most vulnerable paid the price and, sadly, paid the ultimate price. Yet again, care workers, who should be lauded by the Government, were denigrated.

That failure on care homes is particularly relevant as we discuss and debate this legislation and its renewal, because the Act contains provisions that allow for the so-called “easement” of legal safeguards. The Health Secretary said that he thinks those are still necessary, but why are they still necessary? I read carefully the analysis that he published, which did not answer the question. He tried in his speech to make a positive case for it on the basis of prioritisation, but he must realise that that does not deal with the deep concern there is about the situation in our care homes, and he must surely understand that every vulnerable person, throughout this pandemic, must have the standard of care that they need.

We also have significant concerns about the curtailment of the use of GPs to sign death certificates. Again, the Health Secretary said that he wanted to continue with that provision. What assessment has been made about the use of this power? Why does it need to continue? Will he also tell us what its impact has been? Ministers have no excuse for being caught unawares, as they have had months to get to grips with this. We cannot afford for action to protect our care homes and other services to be as slow and chaotic as it was at the start of this pandemic.

On a more positive note, I welcome what the Health Secretary said about the easements under the Mental Health Act; they have not been used and I welcome his assurance that they will not now be used. But what about the easements under the Children and Families Act 2014? He did not mention that Act, and I assume from the silence that they will be continuing. He must bear in mind those with special educational needs and vulnerable children, whose rights should not be rolled back as a consequence of this pandemic. Some of the most vulnerable people have borne the brunt of this virus and this Government’s failings.

We have also seen, across our communities, that the impact has not been evenly felt. Black, Asian and minority ethnic communities have been some of the worst-hit by the virus itself and by the economic fallout, Disabled people and those with underlying health conditions have made up 59% of the covid deaths to date. Despite that, the Government have not done enough work on equality impact assessments on measures or made the necessary evidence available so that we can openly debate and vote to address these deep inequalities. Today, we are faced with an all-or-nothing motion, but let me put the Government on notice that we will not tolerate any discrimination in our society as a consequence of the implementation of these measures. That is why I say to the Government today that they should not be waiting another six months; they should be publishing a monthly review of the impact of this virus on individuals and groups, together with those detailed impact assessments. If the Government continue with the easements under the Care Act 2014, as they say they will, or under the Children and Families Act 2014, they must report regularly to this House about the impact of what they are doing,

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Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
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I regret the fact that this is only a 90-minute debate. The Government should have ensured that a more appropriate amount of time was given. In that context, I will not do what I normally do; I apologise to Members, but because of time, I will not be taking interventions. [Hon. Members: “Hooray!] That is utterly pathetic.

In preparing my contribution for the debate, I revisited the remarks that I made when this legislation was introduced in March. It seems a long while ago, but it is worth remembering the shock of the initial wave and the speed with which all our lives were changed. As we all know, that sudden shift in our collective lives was accompanied by the tragedy of losing too many of our citizens far too soon. Talk of a new normal has set in fast since the virus first took its grip, but at times, it is important to reflect on the scale of the sacrifice and the adjustment that all of us have been asked to make necessarily because of the pandemic. Even back in March, on the eve of lockdown, it was clear that the fight against this virus would not be temporary and would not be short. We knew then that we were only in the foothills of what is a mountainous challenge. Back then, just as now, there remained a long way to go.

Setting out that context is crucial as we reconsider the powers in the Act. Many things have changed since March. A new normal has evolved. Society and people have adapted and shown remarkable resilience. We should be grateful that, in the main, the public have followed Government guidance throughout these islands. For all the sacrifices that folk have made, they should have our thanks and appreciation. Sadly, one thing remains very much the same since March: the virus remains in our midst, and it remains as deadly as ever. It is worth noting that we are considering these measures in the week that humanity has reached a terrible milestone: 1 million covid-related deaths worldwide, and that is only those officially defined as covid-related deaths.

The emergency and the extensive powers in this legislation have naturally and rightly raised questions and concerns. The nature and the imposition of measures that significantly alter individual liberties deserve full and frank scrutiny no matter the context. In that regard, it is really unhelpful that we have been given only a 90-minute debate today. My party has always made clear our serious concerns about the lack of scrutiny of the powers in the UK Government’s Coronavirus Act. That is why, on the Bill’s Second Reading, we raised our concerns alongside others in this place. The UK Government need to listen to those concerns, voiced long before Tory Back Benchers started having trouble with the Government’s moves.

These six-monthly reviews cannot be a rubber-stamping exercise. They must have the teeth to provide meaningful scrutiny, to protect human rights and to promote public health. It is vital that this elected House has its say on these measures, which impact all our constituents. That is the proper way to maintain trust, in order that we can have stronger regulations in place to tackle the biggest health emergency that any of us have seen in our lifetimes.

We fully acknowledge and appreciate that all elements of this Government and every Government are under huge pressures as a result of the pandemic. This deadly virus presents unparalleled challenges to all of us entrusted with governmental powers, but that is all the more reason why these decisions need the insight of scrutiny and the legitimacy of parliamentary oversight. No one, at least no one on the Opposition side of the House, is calling for the scrutiny to hamstring the UK Government on essential public health measures, but it is right that the House is afforded the democratic means to have its say.

The recognition of such a need and the steps to address it were taken early on in the Scottish Parliament. The Coronavirus (Scotland) Act 2020 contains a range of measures to ensure scrutiny of decisions made by the Scottish Government. Scottish Ministers have responsibility under section 15 of that Act to publish two-monthly reports for the Scottish Parliament on the use of emergency powers. There is a recent requirement of the Scottish Parliament to consider regulations to extend the expiry date of part 1 of both that Act and the Coronavirus (Scotland) (No.2) Act 2020 from 30 September to 31 March 2021. Scottish Ministers also have a duty to report on all Scottish statutory instruments made for a reason relating to coronavirus. As part of debating this motion today, we are calling on the UK Government to consider how similar scrutiny and accountability processes can be introduced in this House.

It is right to reflect on the principles of democratic accountability and transparency, but today it is equally important that we collectively remind ourselves of the principles of protecting our people for however long this pandemic inflicts itself upon us. We must stick rigidly to the principles that we all set out to uphold when this virus became a reality in our everyday lives—protecting our NHS, protecting livelihoods and, most importantly, saving lives. The health regulations under this Act and their impact on the economy cannot be separated, and we have all seen that each has a fundamental effect on the other.

It is crucial that we press the Government on these issues today. Back in March, the UK Government promised the public that, no matter how severe the economic effect, no one would be left behind. Only six months later, this UK Government are now completely failing to uphold the principle of supporting livelihoods and jobs. It is now the shameful policy of this Tory Government that, just as health restrictions are strengthened, they are weakening economic support. They cannot claim to save lives and protect people by imposing additional public health measures on people, while at the same time allowing unemployment and deprivation to soar.

This week, expert after expert has been queuing up to warn that the Chancellor’s significantly less generous replacement for the furlough scheme will not prevent mass redundancies. The Resolution Foundation warned that it will

“not significantly reduce the rise of unemployment”.

The Institute for Fiscal Studies warned:

“It is clear that many jobs will be lost over the coming months”.

The Association of Independent Professionals and the Self-Employed described it as “woefully inadequate”, and the Scottish Tourism Alliance warned:

“The reality we must all face now is that within the coming days and weeks, businesses owners will lose their livelihoods, thousands will lose their income and the effects on the economy and people’s lives will be nothing short of devastating.”

That is the reality.

It is a disgrace that millions of families now face a bitter winter of rising unemployment and squeezed living standards. This is all the direct result of the Tory Government’s reckless decision to scrap the furlough scheme and impose an extreme Brexit during a second wave of coronavirus.

Matt Hancock Portrait Matt Hancock
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indicated dissent.

Ian Blackford Portrait Ian Blackford
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I can see the Secretary of State frowning, but, Secretary of State, that is the reality. People are going to lose their jobs and their livelihoods, and this Government are not prepared to do what they promised— to get their arms around those who were going to be affected.

The Tories have made a deliberate choice—a political choice—to let unemployment soar, just like Thatcher did in the early 1980s. Just like back then, the scars of that economic inequality will ruin and last a generation. Either the Tories have not learned from the devastation of the Thatcher years, or they simply do not care. It appears they are willing to inflict the Thatcher years all over again.

--- Later in debate ---
Matt Hancock Portrait Matt Hancock
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I thank colleagues on both sides of the House for their contributions to this debate, and I would like to reinforce once again that we will keep listening to and working with the House and put in place, in good faith, the procedures that I outlined earlier and that were welcomed by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) and others.

To respond to some of the points of substance, I strongly agree with my right hon. Friend the Member for South West Surrey (Jeremy Hunt), the Chair of the Health and Social Care Committee, that control of the virus will lead to better and more life-saving cancer care. Sometimes it has been reported and discussed as if controlling the virus hinders cancer care.  On the contrary, controlling the virus helps us to deliver better cancer care. He was quite right about that. We will continue to expand testing capacity, which came up from a number of quarters.

I agree with what my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) said in support of the Government’s strategy. I welcome his comments on the changes we are proposing today to how Parliament operates.

I listened with care to the right hon. Member for East Antrim (Sammy Wilson). I urge him to support the Coronavirus Act this evening, not least because he knows, from the commitments I have given, that there will be further chances for both scrutiny and votes on measures in future thanks to the discussions we have had today.

I am grateful for the comments from my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom). I commit to her to listen as much as possible to the views she expresses and to work with her.

Finally, I want to reassure those who might have been concerned by the comments made by the leader of the Liberal Democrats, the right hon. Member for Kingston and Surbiton (Ed Davey). Under the Coronavirus Act, local authorities are required to follow the European convention on human rights, so the point he made about international law is wrong. The Coronavirus Act delivers a stronger package, in a pandemic, for the support of those who need care.

I put forward to the House the need to vote to approve this motion to put ourselves in the strongest possible position to defeat the virus, and to keep protecting lives and livelihoods and the things that we love. I commend the motion to the House.

Question put.

--- Later in debate ---
16:51

Division 121

Ayes: 330


Conservative: 330

Noes: 24


Liberal Democrat: 9
Conservative: 7
Labour: 6
Alliance: 1
Green Party: 1

Resolved,