Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020

Lord Bilimoria Excerpts

Wednesday 25th November 2020 Grand Committee

[Lord Bilimoria (CB) [V]]

My Lords, the coronavirus and the isolation of lockdown are impacting not just our physical health but our mental health, as people deal with loneliness, stress and anxiety. Whether we are working from home, furloughed or travelling to our workplaces, the drastic changes to our workday can take a toll. Employers must play a vital role in supporting the mental health of their workforce by prioritising and promoting a positive well-being culture.

The CBI, of which I am president, has been working with firms of every size and sector to help tackle the challenge of mental health in a pandemic. The Law Society, a member of the CBI, supports these regulations, which will expire provisions in Schedule 8 to the Coronavirus Act 2020 which would weaken Mental Health Act 1983 protections if brought into force. The Law Society states that it recognises that, at the onset of the pandemic, these exceptional emergency provisions were considered potentially necessary to support healthcare professionals in responding to the immediate crisis, but that, as they have not been used in England to date, as the Minister said, they should be expired so as to restore the full certainty of important statutory protections for vulnerable people.

The Law Society also recommends that the Government consider expiring the provisions under Schedule 12 to the Coronavirus Act alongside the expiration of those under Schedule 8 being implemented by these regulations. However, if Schedule 12 remains in force, the Law Society recommends that the Government publish improved guidance clarifying how to conduct the required process under these easements and provide detailed guidance to assist local authorities in making human rights assessments. Do the Government intend to expire the provisions under Schedule 12 to the Coronavirus Act, which weaken statutory protections for vulnerable people under the Care Act 2014 and the Social Services and Well-being (Wales) Act 2014, alongside the expiration of those under Schedule 8? Will the Minister commit to providing improved guidance on the easements under Schedule 12, clarifying how local authorities should conduct relevant processes and make human rights assessments?