Coronavirus Act 2020 (Early Expiry) Regulations 2021
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Lord Bethell
That the Grand Committee do consider the Coronavirus Act 2020 (Early Expiry) Regulations 2021.
Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Bethell) (Con)
My Lords, the one-year status report of the Coronavirus Act, which was laid in Parliament on 22 March, recommended the expiry of 12 provisions, and the suspension of a further two provisions and two parts of a third provision. I am sure noble Lords will join me in recognising that this is testament to the hard work and sacrifice that has helped us to get to this point. The regulations were laid under the draft affirmative procedure to allow noble Lords this opportunity to scrutinise the Act, as we have always committed to.
Having helped bring this Act through Parliament last year, I am enormously pleased to speak in support of this draft statutory instrument. Taking steps towards returning to normal and being able to switch off some of the temporary emergency powers in this Act is very much in line with the direction our country is moving in and fulfils the commitments the Government made from the Dispatch Box at the time.
The Coronavirus Act was introduced to enable the Government to support and protect as many people as possible during the pandemic. It has been, and continues to be, an essential tool in our toolkit, helping to mitigate transmission in our communities, enabling crucial financial support, and protecting and supporting the NHS and other public services. Ultimately, it has helped to save lives.
The Act ensures that the NHS has the capacity to deal with peaks of the virus by allowing the temporary registration of nurses and other healthcare professionals. It protects critical societal functions—for example, providing courts with the ability to use video technology—and allows us to provide effective support packages to individuals and businesses, such as the Coronavirus Job Retention Scheme and the Self-employment Income Support Scheme.
Now to the matter in hand. The Government conducted in-depth assessment of all the Act’s provisions as part of the one-year review. Today we are debating 12 provisions that we propose to expire early. I thank colleagues in the devolved Administrations for their engagement, support and consent in expiring the relevant provisions that apply to them. Eleven of these powers will be expired for all the nations they extend to—for example, Sections 8 and 9, which across all four nations were never needed thanks to the extraordinary alternative arrangements put in place. I firmly believe that this highlights our desire to remain aligned as a United Kingdom as we move to the next phase of our response.
On the specific provisions, we are expiring Sections 8 and 9, which facilitated emergency volunteering leave and compensation leave for emergency volunteers. Thanks to the fantastic effort by the NHS, these provisions were not needed. Other measures, such as NHS Professionals, other agency and bank staff, and the Bring Back Staff scheme, have been more appropriate to address the need for trained clinical staff.
Section 15 allowed local authorities to ease some responsibilities under the Care Act so that they could continue to meet the most urgent and acute needs in the face of Covid-19 by streamlining assessment and charging for care retrospectively. In England, only eight authorities used these powers—and none since 20 June 2020. There is strong support for expiring the provision, as the social care workforce has remained resilient under pressure and able to continue to deliver its duties. Expiry of this provision shows just how much progress we have made through the resilience of the health and care system.
We are also expiring Section 24, which allowed biometric data held for national security purposes to be retained for additional time; 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; Section 79, which extended arrangements for business improvement districts; and Section 84, which allowed for the postponement of General Synod elections. We also suspended a further three provisions in the Act when, on 21 April, the Coronavirus Act 2020 (Suspension: Temporary Judicial Commissioners, Urgent Warrants, and Disposal of Bodies) Regulations 2021 came into force.
I have always been clear that these powers should not be in place any longer than needed. That is the approach we have sought throughout. All powers in the Act have been kept under continuous and close review. The powers we are debating are not required anymore; we have taken steps to remove them through this instrument.
The Government recognise the vital importance of parliamentary scrutiny. We heard and responded to the calls from this House, and we built rigorous checks and balances into the very fabric of the Act. Arrangements to facilitate accountability and transparency include conducting two-monthly status reports on the non-devolved provisions, as well as a one-year status report. Under Section 98 of the Act, the temporary provisions are also subject to a six-monthly review and renewal vote in the House of Commons. The first and second of these were held on 30 September 2020 and 25 March 2021 respectively, in which Parliament agreed to the continuation of the temporary provisions in the Act. We will lay a report covering the next six-monthly review before the end of September. The third six-monthly debate and renewal vote will take place shortly after; this will provide the opportunity, as previously, to debate the provisions in detail and consider their continued application based on the latest evidence.
The remaining provisions in the Act serve three core purposes: shoring up capacity in the health and care system; ensuring the delivery of essential public services, such as enabling virtual court proceedings; and providing financial and other support to businesses and individuals. While the period of the pandemic remains, so does the need for the Act. However, the six-monthly review process concluding in September will assess each of the temporary provisions rigorously, and we will expire all those deemed no longer necessary and proportionate to the response.
People and businesses need certainty. They, and we, want to see restrictions being lifted. This is the direction we are looking towards, and this is the direction we are taking. We have come a long way, and we should look ahead to the next six months as a chance to focus on the positives, on recovery and on reaching the next milestone in our road map. I beg to move.
Lord Bethell (Con)
My Lords, I am enormously grateful to noble Lords for their thoughtful and perceptive comments. I will try to answer some of the points made in this important debate directly.
The noble Lord, Lord Hunt, asked about the synod. I assure him that this provision allowed Her Majesty the Queen, by Order in Council and at the request of the most reverend Primates the Archbishops of Canterbury and York, to postpone the dissolution of the synod of the Church of England and so to postpone the election that had been due to take place in the summer of 2020. The Church of England agreed that the provision had served its purpose and may be expired, with elections being held online this year.
For the noble Lord, Lord Hunt, the noble Baroness, Lady Merron, and the other noble Lords who asked about the Care Act, I will spend a moment providing some reassurance on the easements that we are expiring. The Care Act easements were a temporary measure to help local authorities to continue to meet urgent needs in the face of Covid when they were expecting extraordinary pressures. Following our review of the provision in March 2021, which included consultations with stakeholders across the adult care sector, the decision was made to expire the provisions as they had not been used since 29 June 2020. I emphasise that point to any noble Lords who may be unclear on it: the provisions have not been used since then.
There was strong support to expire the provision from groups representing people with care and support needs. Local authorities were in a better position in terms of planning, support and the use of mutual aid than they were when the easements provision was first introduced. No local authorities have operated easements since 29 June. Only eight local authorities out of 151 operated easements before then. A report by ADASS showed that local authorities used easements in very limited ways, such as using streamlined templates for assessments, conducting virtual assessments and postponing reviews and rescheduling them to a later date. No council moved from Care Act eligibility to a human rights threshold.
I want to address the anecdotes raised by the noble Baroness, Lady Brinton. Let me be absolutely clear that no support was necessarily removed as a result of these easements. The department has worked with Think Local Act Personal—TLAP—and the Association of Directors of Adult Social Services to understand the impact on individuals. Across this research, there have been no concerns that the councils that enacted easements ceased to support people, nor data to suggest that any groups were adversely affected by the easements.
However, we noted that, due to poor communications, some people reported feeling that they were impacted by easements even in areas where easements were not operated. We have commissioned research via the National Institute for Health Research to explore the impact of easements on individuals. The outcome of this research will be published over the next year. Anyone who feels that they have not had the care and support they should have had should first place a complaint with their local authority.
I will now move on to the impact of Section 24 and the regulations made on it, since that was raised by a number of noble Lords. On 29 April 2021, the independent Biometrics and Surveillance Camera Commissioner published a statement on the regulations made under Section 24. It sets out that almost 1,500 individual biometric profiles have had their ordinary statutory retention deadline extended as a result of the regulations, thereby protecting against the loss of biometrics of individuals assessed as presenting a risk to national security. The commissioner commented that he is
“satisfied that the section 24 power has been used in a responsible and proportionate manner and only when scarcity of resources or time limitations meant that the biometrics of individuals assessed as presenting a real risk to national security might otherwise have been lost.”
He also stated that he has
“seen nothing to indicate that the police have applied the provisions in anything other than the manner intended: necessarily, temporarily and proportionately.”
Section 24 is a regulation-making power; no further regulations are being made under it. This is because the mitigations put in place by CT policing mean that it is confident that, despite the ongoing effects of the pandemic, no extension will be required.
On the question asked by my noble friend Lord Moynihan, I express massive sympathy for all those missing out on important rites of passage, such as graduation, and other important events in the calendar, particularly for our young people. There cannot be a noble Lord in this proceeding who does not have an anecdote of this nature from their own friends and family group. We look forward to the day when we can change these arrangements; that day is drawing closer every moment.
I will say a word about tenants and residential tenancy to my noble friend Lord Bourne. On 12 May, a statutory instrument was laid that extended longer notice periods for residential tenancies until 30 September. My noble friend asked about the possibility of further financial support for tenants; I will take his questions back to the department and write to him accordingly.
In response to question from the noble Lord, Lord Scriven, about when the regulations will come into force, I assure him that they will come into force as soon as possible, once approved by both Houses of Parliament, and will be signed by a different Minister in the department.
The noble Baroness, Lady Brinton, asked about provisions for CEV individuals. I assure her that these have not been publicly announced and that the Secretary of State’s statement, which will occur in another place shortly, will provide some information on that.
On my noble friend Lord Moynihan’s point about Wembley, these events are part of the events research programme, which is why they are allowed to have large crowds. They are essential to our understanding of Covid transmission.
The noble Baroness, Lady Fox, asked whether we can go further and faster with the expiry of the Act. I can confirm that the next six-monthly review of the Act will take place in September; we are certainly assessing the remaining powers with this in mind. It is too early for me to make further proclamations on the decisions to be taken in September or in advance of the next review date for step 4 of the road map. Noble Lords will have listened to my Statement last week on the review of the data. We have to be cautious in our journey along the road map but we have reason to be optimistic about the future. More and more people are receiving the vaccine and giving us greater protection.
I thank everyone for participating in this debate and for their sacrifices throughout the pandemic.