Coronavirus Act 2020 (Review of Temporary Provisions) (No. 3)

Debate between David Davis and Mark Harper

Tuesday 19th October 2021 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

Thank you, Madam Deputy Speaker. I will, of course, obey your strictures on time.

I welcome what the Secretary of State has done in not continuing with some of the most offensive and egregious provisions in the Act, particularly the one enabling almost indefinite detention. I have looked very carefully at the provisions that are being continued, and all the very unwelcome powers are not being continued. Although there remain some unwelcome powers with which I might quibble and although, as my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said, there are other ways of delivering some of them, the most offensive ones have been removed, which I welcome. I therefore will not seek to divide the House. If others were to do so, I will not oppose the renewal of these provisions.

It is worth saying, because many people outside the House do not understand this point, that it is not the Coronavirus Act 2020 but the Public Health (Control of Disease) Act 1984 that has been used to deliver the lockdown measures and the other measures that people have found so very difficult. The 1984 Act remains in place and gives Ministers all the powers they would want to be able to lock down the country again—I hope that is never needed, but they have the powers if they need them. I do not think that Act comes with sufficient scrutiny, which is why I strongly support the campaign of my hon. Friend the Member for Wycombe (Mr Baker) to reform it by better combining the necessary powers with the necessary parliamentary scrutiny.

On parliamentary scrutiny, I welcome what I detected was an improvement in the tone from the Opposition. I welcome what the shadow Secretary of State said; there was an increasing recognition that scrutiny and challenge to government is necessary. When some of my colleagues and I were challenging and opposing some of the Government measures that predate my right hon. Friend’s accession to the post of Secretary of State for Health and Social Care, it felt like a lonely occupation. We were not joined by the shadow Secretary of State or by many of his colleagues, so I am pleased that he is becoming more enamoured of the concept of scrutiny, which is very welcome for the Opposition.

[Mr Davis]

May I ask my right hon. Friend to hesitate in his laudatory comments about the Opposition Front Benchers? One problem we have is that we cannot amend the provisions. The deal they did not strike back on 23 March 2020, and that they should have, was that this should have been an amendable measure. We could then have put everything right.

[Mr Harper]

That is exactly right. It is for that reason that if there were a Division I would not be voting for this legislation, because I do not think it comes with enough parliamentary scrutiny—the sort of scrutiny that there is if we use the Civil Contingencies Act 2004.

Points of Order

Debate between David Davis and Mark Harper

Monday 2nd November 2020 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

Further to that point of order, Mr Deputy Speaker. Thank you very much for that explanation. I am entirely with my right hon. Friend the Member for North Somerset (Dr Fox) in his request to the House. These are unique circumstances and this is a time when the House is finding it difficult to do its job properly. I would like to give notice that we wish to press the matter further.

[Mr Mark Harper (Forest of Dean) (Con)]

Further to that point of order, Mr Deputy Speaker. May I give the House a specific reason why I think the suggestion of my right hon. Friend the Member for North Somerset (Dr Fox) is valid? I questioned the Leader of the House about publishing information. In answer to a question from the right hon. Member for North Durham (Mr Jones), the Prime Minister said that all scientific information pertinent to the decisions that the House is being asked to make would be published. Later, in answer to my hon. Friend the Member for Isle of Wight (Bob Seely), the Prime Minister said something slightly different: that he would seek to publish all the information that he had seen in making his decision. Those two things are not quite the same. The sort of Committee that my right hon. Friend the Member for North Somerset described would enable the House, rather than the Government, to be in control of the process. I commend the suggestion for that reason.

House Business during the Pandemic

Debate between David Davis and Mark Harper

Monday 8th June 2020 Commons Chamber

[Mr Harper]

My right hon. Friend is exactly right and makes that point very well. What is unique to us is that, even if a Member can send their children to school as a key worker, the children may go to school in the constituency, so if they cannot access paid childcare or family, the Member cannot perform their duties here. As I said, the Prime Minister himself accepts that that is a perfectly valid reason for not being able to attend. Such Members need to be able to participate in this House virtually and to vote by proxy.

The last point I wanted to draw to the attention of the Leader of the House is about legislation—the coronavirus regulations, which are the greatest restriction on liberty that we have seen in this country outside wartime, and perhaps ever. I accept that the first set of regulations were made by the Secretary of State using emergency powers under public health legislation and were not voted on by this House before coming into force, but those regulations have now been amended three times, and I do not think the urgency provision can really be brought into force, although the Secretary of State says it can. We have the absurd situation now where there have been two sets of amendments and the regulations have been amended a third time before this House has even had the opportunity to vote on the second set of amendments.

The importance of that is illustrated by the events of the weekend. Under the third set of amendments, which have not yet been debated and voted on by this House, any gathering of more than six people is unlawful—it is against the law. So every single person who attended one of those demonstrations at the weekend was committing a criminal offence. The point about the debate in this House is important because I suspect many of those people were not aware that they were committing a criminal offence and this House has not had the opportunity to decide whether restrictions on protest are acceptable—

[Mr David Davis (Haltemprice and Howden) (Con)]

Will my right hon. Friend give way?

[Mr Harper]

I will not, because I have only 30 seconds left. The House has not had the opportunity to decide whether the restrictions on protest are a proportionate mechanism for dealing with the coronavirus. So I ask the Leader of the House to make sure that these two sets of regulations are debated and voted on by this House at the earliest possible opportunity. May I also suggest that, if the Secretary of State makes any further amendments, he does not use the power to do so without this House having had the opportunity to take that decision itself?