Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Baroness Jones of Moulsecoomb Excerpts

Monday 15th June 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I find it extraordinary that we are debating Amendment No. 2 when it relates to a lockdown that is long gone. Amendment No. 3 was made on 31 May, over two weeks ago, and over the weekend Amendment No. 4 came into force, completely changing the situation again.

I am also concerned about the way in which parliamentary scrutiny has been undermined throughout this process. The Minister at the start used words such as “exceptional” and said that it would not be an inappropriate precedent. That is complete nonsense, because it is already a precedent. The regulations relate to the most extreme restrictions ever enforced in this country, yet Parliament appears to be an afterthought for this Government. Perhaps as a result, the regulations are very poorly drafted. Now they are unenforceable and likely to have unintended consequences that have not even been acknowledged yet.

The regulations, and all subsequent amendments, have been enforced as SIs, using the affirmative procedure, but without the prior authorisation of Parliament due to “urgency”. Everyone will appreciate the fast pace of the situation. However, Parliament has been in session. It is hard to think of a higher-priority business matter than these lockdown regulations, yet they have evaded timely parliamentary scrutiny on every occasion—in fact, debates are being held, as now, on old lockdown amendments, on the same day as new ones are enforced without prior parliamentary authorisation. This makes a mockery of the term “democratic process”. It remains the extraordinary case that the lockdown regulations have never yet been put in place with parliamentary approval; only outdated versions have been approved, after an amendment has already been enforced.

I recommend that the Government read Big Brother Watch’s May 2020 report, which explains the problem in detail, and might even allow the Government to understand the legal and social mess they have created. I stress that Parliament is sitting, and so rules should not now be being passed by government diktat. We need to maintain our role in scrutiny.