Covid-19 Update

Christopher Chope Excerpts

Monday 12th July 2021 Commons Chamber

[Sajid Javid]

The Government are speaking with one voice, and I believe our view is very clear.

[Sir Christopher Chope (Christchurch) (Con)]

Tomorrow, my right hon. Friend will be asking the House to approve regulations that will put thousands of care workers in England out of a job. Two weeks ago, we were promised that a regulatory impact assessment was available. As of midday today, it is still not available. When will it be available, and why has it not been made available so far?

--- Later in debate ---

[Sajid Javid]

The guidance that we will publish today will be very clear on that.

[Sir Christopher Chope]

On a point of order, Madam Deputy Speaker. It arises directly out of the response that the Secretary of State gave to me. Tomorrow this House is being asked to approve the Draft Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021. When that instrument was laid on 22 June, the explanatory memorandum said:

“A full impact assessment of the costs and benefits of this instrument is”—

I emphasise “is”—

“available from the Department of Health and Social Care…and is published alongside this instrument”.

As of 12 o’clock today, I have been trying, through the good offices of our excellent colleagues in the Library, to get an answer from the Department as to when we are going to get that impact assessment. The officials at the DHSC are quoted by the Library as having said, “The impact assessment has not been laid yet”—we knew that—and, “We will be laying it at the earliest opportunity.” This is very serious, because on 6 July the Secondary Legislation Scrutiny Committee referred to the impossibility of being able to scrutinise the legislation properly without the impact assessment. Despite the Secondary Legislation Scrutiny Committee recommending that the debate be deferred, nothing has happened and all that the Secretary of State said in response to me was, “Well, we don’t know where it is but don’t worry about it—we’ll carry on tomorrow anyway.” That is just not good enough. I would be grateful for your guidance, Madam Deputy Speaker, as to what we can do to ensure that we have an informed debate with the impact assessment before us.

[Mr Mark Harper]

Further to that point of order, Madam Deputy Speaker. In intending to be helpful to those on the Treasury Bench, I have noticed, looking at the said regulations, that they do not actually come into force until 16 weeks after they are approved by the House. It seems to me that in four months there is plenty of time for the Government to produce the relevant information for the House and for the House to take a decision, with no detriment at all to the health and safety of anyone in our care homes.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank both hon. and right hon. Gentlemen for their points of order. I am sure the House is well aware that it is not a matter for the Chair. I will not spring it on the Secretary of State for him to give an answer on this operational matter, but Mr Speaker usually observes that it is helpful to the House for Members to have as much information as possible before them when a matter of importance is to be considered.

[Sir Christopher Chope]

Further to that point of order, Madam Deputy Speaker. The explanatory memorandum falsely asserted that the full impact assessment is available. Why was the House misled in that way?

[Madam Deputy Speaker]

Once again, the hon. Gentleman knows that I cannot answer that question, because what is said by Ministers and their Departments is not a matter for the Chair. However, if it were to be the case that a spokesman for a Minister had suggested that something had happened that had not happened, and on which Members were trying to rely and could not rely, Mr Speaker would take a very dim view of that. It is better if Ministers make sure that their Departments give as much information as possible to Members ahead of discussions.