Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020

Viscount Eccles Excerpts

Thursday 3rd September 2020 Lords Chamber

[Viscount Eccles (Con)]

My Lords, I will follow the thrust of the speeches made much earlier by the noble Lords, Lord Hunt of Kings Heath and Lord Scriven. In this intervention, I am questioning not the policy but its legislative implementation. In the early days when things were very hectic we could understand why the policy was being implemented in the way that it was, but now, when we know much more, it must be a matter of doubt.

The policy is being implemented under a 36 year-old Act, the Public Health (Control of Disease) Act 1984—I apologise to all noble Lords who know this story very well—including the emergency powers in that Act. The Act imposed duties upon bodies such as the Port of London, port health authorities and aerodromes controlled by the Secretary of State, and their duties were to report notifiable diseases. The powers in the Act were designed to make sure that they carried out their duties in a proper manner. There were even duties about the conditions in which people might live in canal boats.

My question to the Minister is: is there a precedent for picking a conveniently drafted set of powers and using them for a very different purpose? Will the Government, with their much greater knowledge, continue to use this, or do they intend to change the way in which they implement the legislation to give much more scope to Parliament for scrutiny and even possibly amendment?