Coronavirus Bill

Lord Newby Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 24th March 2020 Lords Chamber

[Lord Newby (LD)]

My Lords, we meet today in truly extraordinary and worrying times. The pace at which the pandemic has spread and the range of measures which are now widely accepted as necessary to fight it are unprecedented. As a result, we are not just faced with this Bill but must consider how we as a Parliament operate in the weeks and months ahead. If we are to work effectively, we have to reconsider all our ways of doing things.

We on these Benches of course support the Bill but, as we do so, we need to be clear what we see as the role of Parliament in the period ahead. It seems to us crucial that we maintain our role of scrutinising legislation and holding the Government to account. This is partly because the Government are being asked to exercise, on a daily basis, the judgment of Solomon. We fear that they lack a Solomon, so we think it vital that Ministers remain answerable to Parliament for their decisions. But Parliament also has a major part to play in improving public policy development, by feeding into the process and drawing to the Government’s attention what is really happening on the ground across the country, and by probing their responses.

While we on these Benches are fully supportive of the House adjourning early for the Easter Recess, we do not support an extension of that Recess beyond our planned resumption date of 21 April. If by then the situation in respect of self-isolation and social distancing remains broadly as it is today, which seems highly likely, we will need to look at how we conduct our business to ensure that the House can operate effectively.

Many service-sector companies have closed their offices altogether yet are carrying on their business by use of the phone, internet and conference calling. I believe that your Lordships’ House should do the same to the maximum extent possible, particularly as almost half our number will—or should—be unable to attend by virtue of their age, while others have underlying health conditions which makes their attendance impossible or, at the very least, imprudent. We will need to change our ways.

In my view there is, for example, no reason why committees should not sit via videoconferencing straightaway. I believe that we should also look at ways in which the business in the Chamber could be done differently. If a radio station can do it, I do not see why Members should not be able to phone or email in their Questions for Oral Answer, for example, or why some speeches could not be submitted in writing in advance, for inclusion on the record. On our return, to allow us to ask Questions in a timely manner while minimising the demands on ministerial time, we should also have half an hour of Covid-19 questions at a convenient point after the Prime Minister has done his daily press conference. If the frequency or timing of these press conferences changes, we could obviously adapt to reflect this.

The alternative is an unsatisfactory preponderance of coronavirus Questions on the Order Paper and a daily series of requests to the Lord Speaker for Private Notice Questions. We have raised these suggestions via the House of Lords Commission and the usual channels, and are having very constructive engagement with them. I believe the same process is now taking place in the House of Commons.

I realise that for some Members all these suggestions will produce the kind of shocked response associated with a Bateman cartoon but, unless we move in this direction, proper scrutiny will simply be impossible. Scrutiny will be particularly important because of the wide-reaching measures which the Government are adopting. They are measures which we support in principle. As a result of today’s Bill, the Government will gain large new powers exercisable by statutory instrument, which should be debated, and further new powers will need to be taken to implement yesterday evening’s announcement. We have only to look at the extraordinary, irresponsible action of Sports Direct today to see that exhortation of not just individuals but of companies will be inadequate. I too would like to know what legal basis the Government will use to introduce these necessary powers.

Other legislation is already being introduced giving the Government new powers by statutory instrument. For example, on Saturday a regulation was made under the Public Health (Control of Disease) Act 1984 to close all restaurants, cafés, bars, cinemas, theatres and virtually every other premises where people meet. They came into force the same day, have a lifespan of six months and, in theory, need parliamentary approval, but such approval obviously requires Parliament to be in session. The same will apply to all the other SIs which are required, and the Government may well find that they need more primary legislation to be introduced at short notice before this crisis is over, so we need to find ways to do this with the country in lockdown and we need to do so quickly.

We accept the need for today’s Bill and the need to pass it speedily. We do not propose to divide the House but this is a very long and complex Bill and, as is always the case, it raises very many specific questions to which no answers have yet been provided. In saying that, I am not criticising the Government. I have huge sympathy for the challenge the Minister faces in explaining an unprecedented raft of business, and I would not want him to think that in making that point I am being critical, but the country wants to know and needs clarity on many issues, and Parliament is the best way of doing that.

However, our proceedings today and tomorrow do not in reality allow us to subject this Bill to the normal scrutiny that we would expect so, like the Opposition, we on these Benches will limit our amendments to a relative handful on which we wish to probe the Government. There are a lot more issues that we would in ordinary circumstances raise, but in the course of a day—tomorrow—it is simply impossible to do so.

The issues that we will raise are as follows. On social care, we want to ensure that the Government provide local authorities with the resources necessary to provide appropriate levels of care for those discharged from hospital, particularly those with complex needs. On social security, we want to suspend the sanctions regime, which we believe could bear down unfairly on those who are ill. We want to give local authorities the power of direction they will need if they are to implement government policy effectively. We want to scrutinise the civil liberties implications of the increased detention powers. We want to examine the scope for providing much better levels of support for the self-employed, and we want to ensure that your Lordships’ House plays its full part in considering the extension of the emergency powers beyond the initial six months. My colleagues will explain our detailed concerns on these points during the course of today’s debate.

This is an unprecedented Bill to deal with an unprecedented crisis. Over the coming months, every aspect of the way that we do things in Britain will come under strain. As in wartime, we will have to change the way that we do things, and when it is all over things will not revert to business as usual. Some things will have changed for ever, and the way that we do business here will assuredly fall into that category. I am sure that everyone in your Lordships’ House wishes the Government well as they grapple with coronavirus. But democracies never give the Executive a blank cheque. As a Parliament, we must retain our critical faculties and, if we do so, it will help the Government and the country to get through this crisis together.