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

Dawn Butler Excerpts

Tuesday 19th October 2021 Commons Chamber

[Sajid Javid]

During the pandemic, my right hon. Friend has done a fantastic job of drawing everyone’s attention, rightly, to the impact that the measures—the lockdown measures in particular—have had on children, especially those in school. I hope he would agree that the plans that the Government have set out, including our primary plan of relying on vaccinations, treatments—there are ever more treatments, which is fantastic news—testing and surveillance, is the right way to deal with the challenges of the pandemic.

With all the measures that we have taken, it is clear that we are now in a new phase of the pandemic and that we are learning to live with the virus. Throughout this public health crisis, we have always sought for our provisions to be proportionate to the threat that we face. Parliament has rightly been given the opportunity to scrutinise this legislation every six months. We do not wish to keep provisions in place any longer than they are absolutely necessary, especially those that are limiting the freedoms that rightly belong to citizens.

[Dawn Butler (Brent Central) (Lab)]

The Secretary of State says that this House has had time to scrutinise the legislation, but 90 minutes every six months to scrutinise the Act really is not enough time for Parliament.

[Sajid Javid]

The hon. Lady is right to point to the importance of scrutiny. Of course, it is not just the time that we have for debate now or the regular time we have had since this Act has been on the statute book. Scrutiny is also provided in other ways: for example, she will know that Select Committees have looked at the Act, with parliamentarians represented and taking evidence. That is just another way to make sure that the Act is getting the scrutiny that it deserves.

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[Sajid Javid]

Like my right hon. Friend the Member for North Somerset (Dr Fox), my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) makes an important point. He will understand that now that the Act is in place, it is important that the Government act promptly and quickly at any time when we can retire, expire or in some cases suspend measures in it; that there is regular scrutiny of the process; and that I and other Ministers come to the House whenever we can to expire its provisions or, if they are to continue, to justify them.

[Dawn Butler]

The Act has always been presented on the Floor of the House as an all-or-nothing Bill; MPs never have an opportunity to change, amend or scrutinise it, so I think that the Secretary of State is just a little misleading in how he is presenting it to the House today.

[Mr Deputy Speaker (Mr Nigel Evans)]

Unintentionally misleading?

[Dawn Butler]

Unintentionally misleading.

[Sajid Javid]

Thank you for that intervention, Mr Deputy Speaker. I think that I have been very clear not only about the history of the Act, but about the importance of Ministers coming forward for regular scrutiny to set out which provisions can be expired or suspended, or if expiry or suspension are not possible, why the provisions are necessary. That is the purpose of our debate today.

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[Sajid Javid]

My hon. Friend will know that there are numerous measures that the Government are planning to retain. To do proper justice to his question, I would have to go through them one by one and try to link them with every single Act, but I should be happy to meet him or write to him giving him the proper detail, because I think it was a very fair question.

[Dawn Butler]

rose—

[Sajid Javid]

I think I have given the hon. Lady enough opportunities to intervene.

We have come so far and achieved so much as a country because of the sacrifices of the British people and the dedication of our fantastic public servants. We are learning to live with the virus, so we can face the winter ahead with an ever greater degree of confidence. There is no doubt that we will continue to experience bumps on the road—covid-19 has not, of course, gone away, and flu remains an ever present danger—but I am confident that the steps that the Government have set out today strike the right balance, removing unnecessary stringent measures while retaining the tools to fight infection wherever it might arise.

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[Dawn Butler (Brent Central) (Lab)]

Today really feels like groundhog day. The Government are again pushing through the Coronavirus Act with no scrutiny from Parliament. I do not know what it is about this authoritarian Act that the Government love to push through. Some 18 months ago, the Bill was nodded through—understandably, in a way, but it was never, ever proportionate. As the Secretary of State said, it was fast-tracked legislation. It contained really draconian powers, including the powers to postpone elections, close borders, detain people not suspected of a crime, ban gatherings and remove safeguards for disabled people. This is the mother of all Parliaments and we should always have the opportunity to scrutinise Government legislation. That is what we are elected to do. This all-or-nothing approach does not wash; it is wrong.

As a parliamentarian, I want to get my control back. I want to get back my powers to scrutinise the Government. The Government should not be the sole decider of legislation. We live in a democracy, not an autocracy. The Government should not be making all the rules themselves. That said, I am pleased that some of the most draconian parts of the Act have now been expired. I had a meeting with the Minister and am pleased that she listened to my concerns. Section 51 and schedule 21 —the powers relating to potentially infectious persons—have now been removed. As has been said, every single charge under schedule 21 was wrongful. Those 292 charges were incorrect, and that meant 292 distressed people who were already distressed during the pandemic.

We have to make sure that the Bill is fit for purpose, and ultimately it is not. It therefore needs to be scrapped and there needs to be a new Bill. I am already the sponsor of a Bill that has been presented to the House: the Coronavirus (No. 2) Bill. If we were to vote down this Act today, we would have 21 days to bring forward a new Bill. There is already one that is ready—oven-ready, some might say. [Interruption.] You liked that, did you? My Bill is properly ready to go.

This Government have proved time and again that they cannot be trusted. It is one rule for them and one for us. The latest person that we found had broken the rules was the Prime Minister himself, as his wife’s best friend went around to theirs for Christmas dinner, while other people dined alone throughout Christmas. As I have said, if we voted down this Act, we would have 21 days to bring a new Bill to the Floor of the House. We can do that and we can do it quickly.

I congratulate the Secretary of State on his new role and I appeal to him to consider one more vital change. I urge the Government to review every fixed-penalty notice issued under the coronavirus and public health regulations, and to establish an appeals mechanism, because people cannot appeal at the moment. Between March 2020 and June 2021, the police processed 117,213 fines. Let us not forget that we had no chance to scrutinise provisions when the Government raised fines from £960 to £10,000. The Guardian revealed that people of colour were 54% more likely to be fined than white people. I say to colleagues in all parts of the House that we should never be forced into an all-or-nothing approach when it comes to legislation. That is not our job. We are parliamentarians and we need to scrutinise legislation. Twenty-one days is enough time to consider better legislation. As we have the Coronavirus (No. 2) Bill, based on Liberty’s “Protect Everyone Bill”, I say to every single Member of this House that we can do that.

I am clear that we need to repeal and replace the Coronavirus Act not just because it is dangerous with regard to our rights and our liberties, or because it served the purpose that it was meant to 18 months ago, but because we must do better. We must learn the lessons. I am part of the Science and Technology Committee and there is a joint report that says that this Government have failed on so many occasions. This is an opportunity where we can do better and where this Government can do better. Let us do better, not just for us but for the country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am going to reduce the limit to four minutes but it should stay at four minutes if I do it now.

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[Maggie Throup]

I reiterate that we are consulting at the moment for the NHS and other social care settings, and we are not moving the dates that we have already set for vaccination as a condition of deployment in care homes.

The hon. Members for Brent Central (Dawn Butler) and for Twickenham (Munira Wilson), my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Wycombe (Mr Baker) raised the issue of unlawful convictions. I reassure them that since April 2020, the Crown Prosecution Service has reviewed all prosecutions under the Coronavirus Act, and it continues to do so. As such, the issue is primarily administrative, rather than one of the wrongful use of powers provided by the Act. That policy of review by the CPS has provided an effective safeguard. All incorrect charges made under the Act and reviewed by the CPS have been overturned, and updated guidance has been issued to the police.

[Dawn Butler]

I wonder whether the Minister will also consider the fines under the Public Health (Control of Disease) Act and whether there will be an appeal mechanism. Will she push for that, please?