Coronavirus Act 2020: Temporary Provisions

Baroness Ritchie of Downpatrick Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, first, I congratulate the noble Lord, the noble and learned Lord, and the noble Baroness who made their maiden speeches this afternoon, two of whom I shared time with in the other place.

The Covid-19 pandemic is the biggest health issue of our times. The virus is a brutal and unrelenting enemy, and until a vaccine is developed, it is not going away. All we can do for the moment is to manage and contain it with the various measures that have been put in place.

These unprecedented times require unprecedented actions, and every one of us has our part to play. However, there is of course a special responsibility on the Government to lead, to set an example and to strike an intelligent and moral balance between stopping the spread of the virus and mitigating the damage to jobs and the economy. That is a huge responsibility, and no one believes that it is easy.

Members of this House and the other place must provide Ministers with the necessary support, but we have our responsibilities too. We have a legislative function and are charged with oversight of the Executive. I remind the Government that this is still a democracy and that, at times, they have been rather too eager to place Parliament’s responsibility to scrutinise in a drawer labelled “inconvenient” in the whole realm of secondary legislation—as the noble and learned Lord, Lord Judge, referred to earlier.

Of course, in the early stages of this pandemic, the Government had to act decisively and quickly—though some would argue they did not act quickly enough. It was right that they had the sanction and authority to do that through these emergency powers, which, for six months now, have at times been used to greatly curtail civil liberties. Much of that curtailment has been necessary to protect lives, but measures have taken effect before we have had the opportunity to scrutinise them in this place. We have had to approve them in retrospect, and this has brought a lot of opposition from your Lordships’ House, as late as Friday of last week during a debate on various SIs.

In the short term, that may have been necessary, but is it now? We must be allowed to exercise our democratic function and be given the opportunity to properly scrutinise any proposed legislation relating to this pandemic. I have a certain sympathy with the Motion of Regret of the noble Lord, Lord Robathan. However, I also happen to agree with the noble Lord, Lord Mann, that the other place takes precedence and therefore it should be recording votes, initially, on this particular issue. We need provisions to protect our public health and the population, subject to the provisions being subject to democratic scrutiny.

On two separate occasions, I have asked a Minister what the Government are proposing to do—within government—to accelerate the scrutiny process and ensure that we are affirming regulations before they are in place, instead of 28 days after, when they have expired. So far, I have not had a satisfactory answer; I hope the Minister can provide one today, with an update on vaccine finds and on the old track and trace system.