17:01 - The House divided: - Ayes: 484 / Noes: 76 - Question accordingly agreed to.
The Secretary of State for Health and Social Care (Matt Hancock)
I beg to move,
That the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I., 2021, No. 364), dated 22 March 2021, a copy of which was laid before this House on 22 March, be approved.
Madam Deputy Speaker
With this we shall discuss the following:
Motion 3—Coronavirus Act 2020 (Review of Temporary Provisions) (No. 2)—
That the temporary provisions of the Coronavirus Act 2020 should not yet expire.
Motion 4—Coronavirus Act 2020 (One-year Status Report)—
That this House has considered the one-year report on the status on the non-devolved provisions of the Coronavirus Act 2020.
Motion 5—Proceedings during the Pandemic (No. 6)—
That the Order of 2 June 2020 (Proceedings during the pandemic (No. 2)), as amended on 1 July and 22 October 2020, the Order of 4 June 2020 (Virtual participation in proceedings during the pandemic), as amended on 1 July, 2 September, 22 October and 30 December 2020, the Order of 3 November 2020 (Proxy voting during the pandemic (No. 2)) and the Order of 25 February (Sittings in Westminster Hall during the pandemic) shall have effect until 21 June.
Matt Hancock
Over the past year, we have all been engaged in a monumental national effort to fight coronavirus, which has required the House to take extraordinary measures in response to this extraordinary threat. Today, we debate our road map to recovery and what is legally needed to take the cautious but irreversible path out of this pandemic. We propose to remove some of the emergency powers that the House put in place a year ago and set the steps of the road map that my right hon. Friend the Prime Minister has set out into law, replacing the existing national lockdown. We are able to take this action and propose these measures thanks to the perseverance of the British people in following the rules and the success story that is our UK vaccination programme, which has now vaccinated more than 28.6 million people—55% of all adults in the United Kingdom.
Hospitalisations are now at their lowest point since September and are down 90% since the peak. To put this into context, there are today just over 5,000 people in hospital with covid. At the peak, just two months ago, there were just under 5,000 new admissions with covid each day. Deaths are now at their lowest point since October and they are down 94% since the peak. The research published today shows that our vaccination programme has already saved the lives of more than 6,000 people across the UK, up to the end of February.
The success of the vaccination programme means that we are now able to carefully replace the short-term protection of the restrictions that we have all endured, with the long-term protection provided by the vaccine. Our goal is to be cautious yet irreversible. I must tell the House, Madam Deputy Speaker, that while I am still, by nature, an optimist, there remain causes for caution. Cases are rising in some areas and they are rising among those under 18. There are early signs of cases flattening among the working-age population, too.
I am delighted that uptake of the vaccine is now 95% among over-60s and that protection against dying from the vaccine is around 85%. Both of those figures, 95% uptake and 85% protection, are higher than we could have hoped for, but while we are confident that we have broken the link between the number of cases and the hospitalisations and deaths that previously inevitably followed, no vaccine is perfect and take-up is not 100%, so that link, while broken, is not yet severed.
New variants also remain a risk because we do not yet know with confidence the impact of the vaccine against the new variants. We all want these next few months to be a one-way route to freedom, so as we restore the freedoms that we all cherish, we must do so in a way that does not put our NHS at risk.
Mr Mark Harper (Forest of Dean) (Con)
On that point about the take-up and the efficacy, one thing that the chief medical officer said was that the timings in the road map were driven by some of the modelling that the Government had seen. The assumptions behind that modelling I think came from February and are much more pessimistic than what we now know about take-up and efficacy. Can the Secretary of State ensure that that modelling is redone with the new assumptions to see whether that would justify a faster unlocking of the country, which is important to save jobs, save businesses and maximise the economic future of our young people?
Matt Hancock
While modelling is obviously something that is looked at, the observation of the actual data is I think the best guide. The good news is that the number of deaths has fallen very sharply and continues to fall sharply, and the number of hospitalisations has fallen sharply—not quite as sharply as deaths, but nevertheless sharply. Critically, the link has broken, so the weight that we place on the number of cases as an indicator is not nearly as great as it was before, because it used to be inevitable that that led to hospitalisations and deaths.
The reason for the timings in the road map is so that, after each step, we can see its impact before being able, carefully, to take the next step. That is the core reason for the timings in the road map—four weeks to see the impact of a step, and then one week to give warning of the next step. It is that, rather than the modelling, that I put the stress on for the timings in the road map.
Mr Harper
To come back very briefly on that final point, if deaths and hospitalisations are what is important, is the Secretary of State able to confirm the information that was published in The Times this morning on the modelling by SPI-M—the Scientific Pandemic Influenza Group on Modelling, the Government’s advisory committee —showing a dramatic reduction in hospitalisations and deaths taking place over the next week and throughout April? That really drives my assumption that we could go a bit faster. Is he able to confirm that for the House?
Matt Hancock
I have not seen that article in The Times—I have read parts of The Times, but not that bit—so I cannot confirm, but I can write to my right hon. Friend with details on this point. However, I would stress that the focus only on modelling is not really where the ultimate judgment on the timings of the road map is; it is about being able to observe progress and then take the next step with confidence. The central point here is that cases may well rise. In fact, I would say cases are likely to rise, not least with schools going back. The critical thing is that the automaticity—cases going up having an impact on hospitalisations—is no longer there. However, if cases got extremely high, even with a much weaker link from cases to hospitalisations, that is something we clearly have to guard against and it is set out in test 3 of the Prime Minister’s four tests.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
The Health Secretary has talked of protections for the over-60s. Can he appreciate why, for some of our constituents who crave a foreign holiday, it looks very odd that a Stanley Johnson loophole seems to have been negotiated, so that someone over 60 with their own property abroad can get around that? Can he also appreciate that a lot of our constituents think that these measures—the Prime Minister used to talk about women who look like bank robbers—have now mandated us all to wear these masks?
Matt Hancock
I am not quite sure what point the hon. Member is making, but this is what I was going on to say. The critical point where I ended the exchange with my right hon. Friend the Member for Forest of Dean (Mr Harper) is that we must restore the freedoms that we all cherish, but in a way that does not put the NHS at risk. Throughout the crisis, we have successfully protected the NHS, and I am delighted to be able to inform the House that there are now record numbers of NHS doctors and NHS nurses in England. New data published this morning show that there are over 300,000 nurses in the NHS in England for the first time in its history. So we have protected our NHS and we are delivering our commitments to it. Nobody wants to have to reimpose measures, as we have sadly seen elsewhere in Europe only this week, so we must follow this cautious and, we hope, irreversible road map.
Mr William Wragg (Hazel Grove) (Con)
My right hon. Friend mentions data on occurrences within the NHS. Does the NHS have data to suggest how many people have, sadly, died from covid in NHS hospitals three weeks after receiving their first dose of a covid vaccine?
Matt Hancock
Yes, the data on the impact of the vaccine—including side effects from the vaccine and the rare occasions when, sadly, people die after having had the vaccine—are published by the Medicines and Healthcare products Regulatory Agency. If there are any data in this area that are not published but my hon. Friend would like to be published, he can write to me and I would be very happy to look into publishing them. Essentially, we take an attitude of being as transparent as possible, because there are side effects to the vaccine as there are to all pharmaceutical drugs and we want to be completely open and transparent about those side effects—essentially to reassure people that the risks are extremely low.
Sir Christopher Chope (Christchurch) (Con)
My right hon. Friend answered a question from me on this very subject by saying that the data was not available. I cannot understand why crucial data—such as the number of people who have been vaccinated for more than three weeks, who are then admitted to hospital and subsequently die—is not collected. Why is that?
Matt Hancock
This data has been collated recently; it is in the so-called SIREN study from Public Health England. I am very happy to look into exactly the data that my hon. Friends are looking for and, if we have it, to publish it. I think we have what has been asked for, but let us try to do this by correspondence to ensure that we get exactly what is being looked for. On the face of it, my hon. Friend is absolutely right; it is exactly the sort of thing that we are looking at, but I want to make sure that we get the details right.
As I was just saying, each step of the road map is guided by the data and the progress against the four tests. We were able to take the first step on 8 March, when we allowed the return of face-to-face education in schools, relaxed the rules on two people gathering outside for recreation and allowed care home residents to nominate a single regular visitor, supported by regular testing and personal protective equipment.
The regulations before the House today ease restrictions further—again, in a careful and controlled way. First, they allow us to put in place the remaining measures of step 1, which will come into force on Monday. That means that the “stay at home” rule will end and six people or two households will be able to meet outdoors, and outdoor sports can resume. The regulations also commit the remaining steps of our road map into law, so that we can gradually ease restrictions at the right time before eventually removing them all together, which we hope to be able to do on 21 June.
Mr Richard Holden (North West Durham) (Con)
My constituents have been in touch to raise concerns about these measures being in place for longer than absolutely necessary, but they have also been raising concerns about long covid. Will the Secretary of State respond to my constituents on both issues, and explain to the House what he and his Department are looking into to better understand the effects of long covid on the population?
Matt Hancock
We clearly want to lift these measures as soon as is reasonably possible. My goal is that we will eventually see covid as something that has to be managed rather like flu. We do not put in place restrictions on normal life to tackle flu, but we do have a regular vaccination programme. With vaccines, that is where I hope we will be able to get to.
Several hon. Members rose—
Matt Hancock
I just want to answer my hon. Friend’s second point before taking further interventions. His point about long covid is important. In fact, the National Institute for Health Research, which has done a brilliant job during the pandemic, has today put out a £20 million call for further research and diagnostics, including patient and public involvement, so that long covid can be properly understood, and people who catch covid and have symptoms over a long time—which I know can be deeply debilitating for some people—can get the support they need on the NHS.
Greg Clark (Tunbridge Wells) (Con)
My right hon. Friend mentions the fact that we live with flu every winter and act against it. Has he made an assessment of what level of hospital admissions would be consistent with protecting the NHS?
Matt Hancock
It is very difficult to know in advance. At the peak of this pandemic, we had 38,000 patients in hospital across the UK at any one time with covid, but of course that meant that other non-urgent treatments had to be delayed. There is a question of the trade-off and how much treatment is delayed. In a bad flu season, elective operations and non-urgent treatments are delayed. That is one way in which the NHS manages through a difficult flu season in winter. Measures like that will be necessary if we have an increase in covid cases.
If we have learned anything in the last year, we have learned that we have to live with risk as a society. That is a reality, so the goal and the strategy are to invest in the NHS so that it has more capacity, make sure that it can expand capacity and make sure that we have the vaccine effort and the continued efforts that people will no doubt take personal responsibility for, such as mask-wearing—and people will be highly likely do that to protect themselves and others, after the experience we have just had. I want to get to a point of personal responsibility plus the vaccine plus the test and trace programme, so that people can be regularly tested and we can use that to break the chains of transmission. I want to manage covid in that way, while restoring our freedoms. That is the best way, once we have made our way carefully down this road.
Mr Steve Baker (Wycombe) (Con)
What my right hon. Friend has just said is extremely encouraging, and I am very grateful. Will he confirm that the reason that step 4 is not in the regulations is that it does not need any regulations? It is freedom from these regulations.
Matt Hancock
Yes—that is a very good way of putting it; in fact, it was on the next page of my script. It is a pleasure to be as one with my hon. Friend after all this time, and I hope very much that he joins us in the Lobby later.
Matt Hancock
I am an optimist, as I just said.
Let me carry on detailing the purpose of these measures. Step 2 allows non-essential retail and personal care services to reopen. We have said that that will happen not before 12 April. It will also allow the reopening of leisure services, indoor leisure such as gyms, and self-contained accommodation. Step 2 also sees the reopening—outdoors—of our pubs and restaurants, which I know so many of us are looking forward to.
Step 3 will lift restrictions on meetings outdoors, subject to a limit of 30, and up to six people, or two households, will be able to meet inside. Indoor hospitality, indoor entertainment and all other types of accommodation will be able to open their doors once again. Step 4 will begin no earlier than 21 June. This is the final stage in the road map, because, bolstered by a mammoth testing effort and capacity and by the protection of the vaccination, that is when we aim to remove all legal limits on social contact and restore our freedoms once again.
I know how hard these restrictions have been. I know they have meant missing out on special moments with loved ones and putting important events on hold, and they have also taken a significant economic toll, so we do not want to keep them in place any longer than we judge we have to. I am therefore pleased to say that these road map regulations will expire at the end of June.
Let me turn now to the renewal of the temporary provisions in the Coronavirus Act 2020, which are also before the House today. The Act has been a crucial part of our response to this virus. It helped us to protect the NHS in its hour of need, to keep public services, courts and local democracy running and to offer the financial assistance that has been a lifeline to so many people.
Some provisions in the Act require renewal every six months. If we were to remove the temporary provisions in the Act altogether, we would lose, for instance, measures protecting commercial tenants and renters from eviction, we would not be able to run virtual court hearings, which are an integral part of maintaining the rule of law, and people would not be able to receive statutory sick pay for the full period for which they are required to self-isolate. So there are some important technical provisions that allow for the running of public services, given the social distancing we have at the moment.
Dawn Butler (Brent Central) (Lab)
The word “crucial” has been doing a lot of heavy lifting in the Minister’s speech. Is it not correct that if these measures are voted down today, the Government would have 21 days to bring a new Bill to Parliament? Is it not also correct that a lot of what we are relying on comes from other legislation and not actually the Coronavirus Act?
Matt Hancock
Absolutely. The main provisions under which we put in place the lockdown come from the Public Health (Control of Disease) Act 1984, not the Coronavirus Act. The mainstay in terms of the Coronavirus Act is to allow us to support people and public services. For instance, furlough is in the Coronavirus Act; that is not up for renewal, because it is a permanent part—it is for the full period of the Act. Nevertheless, in terms of being able to pay statutory sick pay to people when they are self-isolating, I am asking the House today to renew that provision, and I think that we must.
I want to stress this point to those who are understandably concerned about the extent of powers in the Coronavirus Act. Although the Act remains essential and we are seeking the renewal of elements of it, we have always said that we will only retain powers as long as they are necessary. They are exceptional powers. They are approved by the House for use in the most extreme of situations and they must be seen in that light. Because of the progress we have made, we are now able to expire and suspend a whole raft of measures in the Act, just as we expired provisions after the previous review six months ago.
We propose to expire 12 provisions in the Act: section 15, which allowed local authorities to ease some responsibilities around social care; section 24, which allowed biometric data held for national security purposes to be retained for an extra six months; five provisions that required information for businesses and people involved in the food supply chain; section 71, which allowed a single Treasury Minister to sign on behalf of all Treasury Commissioners—I know the Whips Office is looking forward to getting its signatures out again. There are two provisions that created a new form of emergency volunteering leave, which we have not needed and are retiring. Section 79 extended arrangements for business improvement districts and section 84 allowed for the postponement of General Synod elections. Those are not needed anymore and we are therefore not seeking to extend them. We only extend that which we think is necessary.
Munira Wilson (Twickenham) (LD)
I welcome the expiry of some measures, particularly the social care easements, which were discriminatory against the most vulnerable in our society. Will the Secretary of State accept that under the Coronavirus Act we have had 250 people wrongfully charged? The Act is full of far-reaching powers that are not needed. The practical measures he talked about can be brought forward in the next 21 days. As he suggested, the fake news that furlough cannot go on without renewing the Act is just untrue, because that is a permanent provision.
Matt Hancock
Furlough is provided for under the Act. As I just said, it is a permanent provision of the Act, but the statutory sick pay is not and I think we should be giving people statutory sick pay to help them to self-isolate.
Steve Brine (Winchester) (Con)
The Secretary of State is asking for a further six months under the Act, which is all that we can do. The Prime Minister has been talking in the last few days about the need for section 2, for instance, on the emergency registration of nurses, to help us to deal with the backlog. The same is true of sections 53, 54, 55 and 56 with respect to the courts. In six months’ time, will we need that? Will we have dealt with the backlog in the health service and the courts, or will he need to renew this again in six months?
Matt Hancock
That is a good question. The truth is that we have a record number of nurses in the NHS, over 300,000, in part because the Act allowed for their emergency registration much more swiftly than previously. Parts of the Act have allowed us to do good things like that, which everybody would like to see. When we come to retire the Act, which we must within one year and preferably within six months, we will need to make sure we can continue to do that sort of thing to ensure that nurses can be enrolled into the NHS as easily as possible. I cannot answer whether we will be retiring it in six months. My preference would be yes, but given the last year I think a prediction would be hasty.
Steve Brine
Further to that point, may I make a suggestion to my right hon. Friend? The expansion of the availability of live links for criminal proceedings will be put into the Police, Crime, Sentencing and Courts Bill, so that will not be needed. The Secretary of State is bringing forward a new health Bill during the new Session. Would that be an opportunity to update that?
Matt Hancock
Yes, that is an important point. We have just started the process of working on that. If measures have worked well and we want to keep them because they are good, can we put them permanently on the statute book? That should, properly, take the process of normal primary legislation. My hon. Friend mentions a forthcoming health and care Bill. I look to the Leader of the House and I can see that he is smiling, although I cannot, of course, say whether that Bill will be brought forward until we have a proper sign-off—it is nice to see him looking so handsome there. [Laughter.]Our aim would be to get that on to the statute book, should we bring it forward, in the middle of next year, so there is a shorter-term question of the handling from here to there. We need to do that with the best administrative efficiency that we can, but I am talking here about the less controversial elements of the Act.
Mr Harper
I am grateful for the Secretary of State’s judgment and I will try not to test his patience again. He mentioned that there are some very valuable administrative measures. If they were the only things being rolled forward, I do not think people would mind, although my reading of the Act is that the registration provisions for medical staff are in section 89, in the permanent part of the Act rather than the temporary part. The controversial parts include the police powers to detain potentially infectious persons, which the hon. Member for Twickenham (Munira Wilson) referred to, and which have been used unlawfully on a number of occasions. It says in the one-year review of the Act that those are intended to be long-term powers and my right hon. Friend has just suggested that those provisions might be rolled forward a further six months. That is why so many of us are worried. These are extraordinary provisions, not for normal times, and they should be expired at the earliest possible opportunity.
Matt Hancock
I actually agree with my right hon. Friend that they should be expired at the earliest possible opportunity. The challenge, especially as we lift measures on all of us, is if there are, for instance, new variants that we need to pin down absolutely—in the same way that a new variant came about in Liverpool and we tackled it. We have not seen any new cases of it, not only because of fantastic local work, but because in lockdown that is easier. Having these very targeted interventions for now is important. Therefore, we have made the judgment that we should propose that they are necessary for now. I know that we disagree on that point, but I suggest that by voting against all these renewals, a whole load of valuable things that he and I would agree on would not be renewed, were that vote to go through.
Matt Hancock
I will just make a little more progress.
We are also suspending three further provisions, although they may need to be restored and called on if required. As well as that, we have completed the six-month statutory review on covid-secure regulations for businesses, the collection of contact details and self-isolation, and concluded that they remain necessary at this time. The Coronavirus Act is temporary, time-limited and proportionate to the threat we face, and we are keeping measures only where they are necessary as we exit this pandemic, and then we can do away with this Act for good.
Throughout the pandemic, this House has also found a way to meet. I cannot wait for the time when this Chamber will be full and rowdy once again as the cockpit of our democracy, where we can almost literally take the temperature of the nation. I may pay for that when I say something particularly unfortunate, but I prefer it, and I think everybody in this House does. After widespread consultation and on the basis of detailed public health advice, my right hon. Friend the Leader of the House has tabled a motion to extend virtual participation and the current proxy voting arrangements until 21 June, the proposed date for the removal of all legal restrictions on social contact. We thank you, Madam Deputy Speaker, and through you the other Deputy Speakers, Mr Speaker and the House authorities for the work that has been done in these unprecedented times to keep people safe here.
The measures before the House today show how we will put the pandemic behind us and restore life to normal. We are on the road to recovery, but we are not at the finish line yet, and by passing these measures, we can keep protecting lives and livelihoods while we get our nation back on its feet once more.
Jonathan Ashworth (Leicester South) (Lab/Co-op)
On a specific point, which I rather hoped the Secretary of State would cover but I anticipate will not, we are obviously very concerned about variants in Europe and the surge that we are seeing there. Is it the Government’s intention to impose restrictions on those coming in from France or Germany—to add either France or other European countries to the red list—or to impose testing on hauliers coming into the country?
Matt Hancock
All these questions will be answered as part of the work of the global travel taskforce, which the Prime Minister has announced will be published on 5 April, so I recommend that the right hon. Gentleman waits until then. In answering that final question, I commend the motions to the House.
The Minister for Health (Edward Argar)
This House has come together once again to consider coronavirus regulations. The contrast with the previous occasions on which we did so, of course, is that today we are debating in part the road map to recovery—one that eases rather than strengthens the restrictions we face. It sets out our path to freedom. They are freedoms that none of us would have ever wished to have to curtail, save for the gravest of circumstances, but it is true that, as a country, we have faced some very grave times indeed. It has been a long, challenging year for all of us—individuals, families, businesses—and that was brought home so poignantly on Tuesday, as we remembered those we have lost through the pandemic. We have come a very long way, but equally, we know that those dark days are not that far behind us yet, so the fact that we may cautiously begin to look to brighter days ahead is a tribute to so many.
In that vein, again, I wish to put on record my thanks to our NHS and care staff and, indeed, key workers, as my hon. Friend the Member for Mid Derbyshire (Mrs Latham) did, for all they have done; and, of course, to thank the British people, whose sacrifices and solidarity have set us on this better course. As more and more of our population heed the call to be vaccinated, we are setting our country up for a safer future, too. So we have much to be optimistic about.
But colleagues will have been watching recent events on the continent with some concern. Not far from these shores, cases are rapidly on the rise. As the Prime Minister recently acknowledged, the wave sweeping through Europe has the potential to
“wash up on our shores as well”.
Equally concerning, as my right hon. Friend the Secretary of State for Health and Social Care has alluded to on a number of occasions, are the new variants—many of them, it must be recognised, detected through world-leading British genomics capabilities— which continue to pose a threat to the progress we have made. As we debate easing restrictions here today, our friends in France, Germany, Italy, the Czech Republic and many others find themselves moving in the other direction—tightening lockdowns, extending curfews and shutting down again. That is a fate we are determined to avoid, and one I believe we will avoid if we proceed carefully and follow the cautious steps set out in our road map.
We all want to see the economic and social freedoms and activities that mean so much to us resume as swiftly as possible and, of course, to be able to see friends and family again. As the Secretary of State set out, at each step of that reopening, we are allowing four weeks to monitor the impact of the previous step and one week to ensure that we give businesses and individuals enough notice to plan for the reopening and easing. That timeframe is playing a vital part in ensuring that we are truly on a one-way route to freedom. I make no secret that this is a balancing act, with each step cautiously weighed and considered.
Much of today’s debate has understandably focused on another aspect of the response to the pandemic that we will be voting on today—the six-month review of the provisions in the Coronavirus Act 2020. We have had many passionate and thoughtful speeches. No one wishes the Act to be necessary and to be in place a day longer than is necessary—not me, not the Secretary of State, not the Prime Minister and not hon. Members in this House. Whether one disagrees or agrees with the case put by the Secretary of State—hon. Members will not be surprised to know that I agree wholeheartedly with the case he put in arguing that we should be backing the motion today—I would not for one moment impugn or question in any way the integrity, sincerity or motivation of hon. Members who, from perfectly reasonable perspectives, have set out their concerns about this. However, these measures regrettably do remain necessary. To reassure my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady), I do not believe that there is any desire or intent within Government to in any way normalise such measures.
Let me turn to some of the key specific points raised by hon. and right hon. Members. My hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) put the case and highlighted extremely well that, while we have made huge strides forward through vaccinations, and we have seen the death rate and hospitalisation rate come down, we are not yet out of the woods entirely. That is why we must, I believe, continue to be cautious and why the road map is necessary.
I would like to say that it was pleasure to hear from the hon. Member for Leeds East (Richard Burgon), but I am mindful not to mislead the House. However, I will address one substantive point he raised, when he appeared to be arguing for zero covid. I have to be clear with him, as the chief medical officer has been clear, that such an approach is neither practical nor realistic and we must, as a society, live with residual elements of covid for many years to come. That touches on risk. My right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) and many other colleagues talked about striking the right balance in terms of what levels of risk society is prepared to live with. The Secretary of State alluded to this in his opening remarks. It is hugely important that we weigh up the precautionary approach with the desire and need to open up our economy and society.
My right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), the Chair of the Procedure Committee, rightly highlighted our common law approach in this country whereby things are permitted unless explicitly forbidden and said how exceptional it would be to have to change that presumption. Sadly, we have faced exceptional times and that is why these measures have been necessary, but they are not measures that any of us would choose to introduce were we not faced with such a grave situation.
Hon. Members talked about the importance of clear comms, building trust and the right messaging. That is absolutely right. It is hugely important that we set the right expectations and that we are clear with the public about how the vaccine is allowing us to move out of lockdown, but also about the challenges still posed. I have to say I was a little surprised to be lectured by the leader of the Liberal Democrats, the right hon. Member for Kingston and Surbiton (Ed Davey), on so-called fake news. The irony of Liberal Democrats lecturing the House on so-called fake news will not be lost on hon. Members.
Let me move on to some very serious points as I conclude. My hon. Friend the Member for Winchester (Steve Brine) asked why schedule 22 was necessary. The reality is that, while the 1984 Act gives a considerable number of powers, some elements of critical infrastructure would not be able to be closed, even in the event of an outbreak with a dangerous new variant, under that Act. That is one power that was lacking there that the Secretary of State rightly—I share his view—believes may be necessary, although hopefully it will not be necessary, in that context.
I will make two points briefly in the minute I have remaining. My right hon. Friend the Secretary of State has been very clear that we have set out the intention to expire around 25% of the non-devolved powers under this Act. If it was possible to do so without incurring that risk and to be ready for all eventualities, I know that he would not wish to see this Act coming before us today for renewal, but it is. It is necessary and, sadly, is going to be necessary for a few more months.
The shadow Secretary of State, the right hon. Member for Leicester South (Jonathan Ashworth), talked about the right to protest—I will try to answer this very quickly—and asked what the guidance is likely to include. That essentially is about things such as the need for a formal organiser, for example, and a risk assessment to take place—that is what that is referring to. I commend these motions to the House.