Coronavirus Bill

Baroness Laing of Elderslie Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Monday 23rd March 2020 Commons Chamber

[Dame Eleanor Laing in the Chair]

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I have a few things to explain before we begin Committee stage. For understandable reasons, a large number of manuscript amendments have been tabled by the Government today, and in fact a large number of other manuscript amendments have, unusually, been allowed today as well. Members therefore need to make sure that they are working from the right version of the notice paper and that they have the latest version of the grouping and selection list, although I should explain that there is one group.

Government amendments 79 to 82 on extradition are on a separate supplementary notice paper, and a revised grouping and selection list will be issued shortly. The late appearance of these amendments is due not to Government action but to a mistake on the part of the Public Bill Office, but, lest anybody complain, I will defend the Public Bill Office, because they have done a marvellous job today. I have seen it over the last few days, and the people who work here have worked miracles to get us to this stage in such good order.

The Business of the House motion, which the House agreed before Second Reading, allows the Chair discretion at the end of the time allowed for Committee—in this case, that falls at exactly 10 pm—to call non-Government amendments and new clauses to be moved formally at that stage for separate decision. I have to tell the Committee that my sense of where we are at this stage is that I will call Divisions only when they are really essential. As always, the Chair will listen to the debate and form a judgment on whether to exercise that discretion. I am simply informing the Committee now that today the bar is a high one—no one will be surprised to hear that—and that arguments in favour of going through the Division Lobbies tonight will need to be very persuasive.

Clause 1

Meaning of “coronavirus” and related terminology

Question proposed, That the clause stand part of the Bill.

[The Chairman]

With this it will be convenient to discuss the following:

Clauses 2 to 7 stand part.

Amendment 74, in clause 8, page 2, line 29, leave out “loss of”.

Amendment 75, page 2, line 34, leave out subsection (3).

Amendment 76, page 3, leave out from “care” in line 27 to the end of line 31.

Clauses 8 to 10 stand part.

Government amendment 20.

Clauses 11 to 30 stand part.

Government amendments 21 and 22.

Clauses 31 to 36 stand part.

Government amendment 40.

Clause 37 stand part.

Amendment 78, in clause 38, page 25, line 43, at end insert—

“(8) Section 153(9) is repealed.”

This amendment would abolish the lower earnings limit (currently £118pw) below which a worker is not entitled to statutory sick pay.

Clause 38 stand part.

Amendment 77, in clause 39, page 26, line 12, at end insert

“and, in particular such regulations shall deem ‘a day of incapacity’ in this part of the Act to include—

“(i) a day of self-isolation in accordance with the aforesaid guidance or published document of the aforesaid bodies;

(ii) a day reasonably necessitated to care for a person needing such care who—

(a) is suffering from severe respiratory syndrome coronavirus 2 or other communicable disease; or

(b) is self-isolating in accordance with the aforesaid guidance or published document of the aforesaid bodies; or

(c) is unable sufficiently to care for themselves and who is unable to attend an establishment or a carer who would otherwise provide care but is unable to do so by reason that the establishment or the carer is acting in accordance with the aforesaid guidance or published document of the aforesaid bodies or is unable to provide that care because others are acting in accordance with the aforesaid guidance or published document of the aforesaid bodies;

(d) qualifies for time off pursuant to s.57A Employment Rights Act 1996 (time off for dependants).”

Clause 39 stand part.

Government amendment 41.

Clauses 40 to 51 stand part.

Government amendment 79.

Clauses 52 to 57 stand part.

Government amendment 26.

Clauses 58 and 59 stand part.

Government amendments 27 to 29.

Clauses 60 to 62 stand part.

Government amendment 30.

Clause 63 stand part.

Government amendments 31 and 32.

Clauses 64 to 73 stand part.

Government amendments 33 and 23.

Clause 74 stand part.

Amendment 1, in clause 75, page 45, line 25, leave out subsection (1) and insert—

“(1) This Act expires at the end of the period of 6 months beginning with the date on which it is passed (subject to subsection (1A)).

(1A) The Secretary of State may by regulations provide for this Act (or specified provisions) to continue to have effect for an additional period not exceeding 6 months.

(1B) Regulations under subsection (1A)—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(1C) If this Act (or specified provisions) would expire on a day on which either House of Parliament is not expected to be sitting—

(a) Her Majesty may by Order in Council make provision of a kind that could be made by regulations under subsection (1A); and

(b) an Order in Council may not be made unless the Secretary of State has consulted—

(i) such members of the House of Commons Liaison Committee (or any Select Committee replacing that Committee) as are available, or

(ii) at a time when there is no such Committee, any available Chairs of the Committees previously represented on that Committee.”

Amendment 2, page 45, line 25, after “expires”, insert

“in accordance with subsection (1A) or”.

This is a paving amendment for amendment 4 which provides for the Bill’s emergency powers to be renewed at 6 month intervals.

Amendment 6, page 45, line 25, leave out “2 years” and insert “12 months”.

This amendment would “sunset” the provisions of the Bill after one year rather than after two years.

Amendment 3, page 45, line 26, after “subject” insert “in either case”.

This is a paving amendment for amendment 4 which provides for the Bill’s emergency powers to be renewed at 6 month intervals.

Amendment 7, page 45, line 26, leave out “and section 76”.

This amendment is linked to amendment 8 to leave out Clause 76.

Amendment 4, page 45, line 26, at end insert—

“(1A) No more than 14 sitting days before the end of the periods of 6, 12 and 18 months beginning with the day on which this Act is passed each House of Parliament shall consider, on a motion moved by a minister of the Crown, whether it wishes this Act to continue to have effect after the expiry of that period; and this Act shall expire at the end of that period unless, no less than 7 sitting days before the end of that period, each House of Parliament has resolved that it wishes this Act to continue to have effect.”

This amendment provides for the Bill’s emergency powers to be renewed at 6 month intervals.

Government amendments 34, 24 and 47.

Clauses 75 to 78 stand part.

Government amendment 37.

Clauses 79 to 82 stand part.

Government amendment 18.

Clauses 83 and 84 stand part.

Government amendments 44, 48, 80, 25, 48 to 50, 38, 39, 81, 35, 36, 42, 45, 72, 43 and 73.

Clauses 85 to 87 stand part.

Government new clause 15—Emergency arrangements concerning medical practitioners: Wales.

Government new clause 16—Disapplication of limit under section 8 of the Industrial Development Act 1982.

Government new clause 17—Elections and referendums due to be held in England in period after 15 March 2020.

Government new clause 18—Elections due to be held in Wales in period after 15 March 2020.

Government new clause 19—Six-monthly parliamentary review.

Government new clause 20—Local authority meetings.

Government new clause 21—Extension of BID arrangements: England.

Government new clause 22—Extension of BID arrangements: Northern Ireland.

Government new clause 23—Extension of time limits for retention of fingerprints and DNA profiles.

Government new clause 24—Residential tenancies: protection from eviction.

Government new clause 25—HMRC functions.

Government new clause 26—Up-rating of working tax credit etc

Government new clause 30—Business tenancies in England and Wales: protection from forfeiture etc.

Government new clause 31—Business tenancies in Northern Ireland: protection from forfeiture etc.

New clause 1—Postponement of General Synod elections—

‘(1) Her Majesty may by Order in Council, at the joint request of the Archbishops of Canterbury and York, postpone to the date specified in the Order the date on which the Convocations of Canterbury and York stand dissolved for the purposes of the Church of England Convocations Act 1966.

(2) Section 1 of that Act is, accordingly, to be read subject to provision made by an Order under this section.

(3) If either of the Archbishops is unable to exercise the power to join in making a request under subsection (1), or if the see of either of the Archbishops is vacant, the power may be exercised by the senior bishop of the province, with seniority for that purpose being determined in accordance with section 10(4) of the Bishops (Retirement) Measure 1986.

(4) An Order under this section may make consequential, supplementary, incidental, transitional or saving provision.’

The new clause would enable elections to the General Synod of the Church of England that are due to take place this summer to be postponed.

New clause 2—Parliamentary consideration of status of specified provisions of this Act—

‘(1) The specified provisions for the purposes of this section are—

(a) sections 17 to 20 (on registration of births and still-births etc),

(b) sections 23 to 27 (on food supply),

(c) sections 28 to 30 (on inquests),

(d) section 48 (on powers to direct suspension of port operations),

(e) section 49 (powers relating to potentially infectious persons),

(f) section 50 (powers relating to events, gatherings and premises), and

(g) section 56 (on powers in relation to bodies).

(2) A Minister of the Crown must make arrangements for—

(a) a motion to the effect that the House of Commons has approved the status report in respect of the provisions of this Act mentioned in each of the paragraphs in subsection (1), to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the first reporting period, and

(b) a motion for the House of Lords to take note of each status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the first reporting period.

(3) If the House of Commons decides not to approve a status report in respect of any of the sections mentioned in one or more paragraphs of subsection (1), then the sections in respect of which a status report has not been approved shall cease to have effect at the end of 7 days beginning with the day on which the House of Commons made that decision.

(4) The “status report” is the report required to be prepared by the Secretary of State under section 83 in respect of each 2 month reporting period, as modified by this section.

(5) In this section—

“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);

“reporting period” has the same meaning as in section 83.’

This new clause provides for debates to be held promptly on amendable motions on the status reports laid every 2 months in relation to provisions of the Bill impinging most directly on civil liberties, with the possibility of the House of Commons terminating the exercise of powers under those provisions.

New clause 3—Parliamentary scrutiny: status report on specified matters—

‘(1) If when a status report to which section [Parliamentary consideration of status of specified provisions of this Act] applies is made under section 83 Parliament stands prorogued to a day after the end of the period of 5 days beginning with the date on which the status report is laid before Parliament, Her Majesty shall by proclamation under the Meeting of Parliament Act 1797 (c. 127) require Parliament to meet on a specified day within that period.

(2) If when a status report to which section [Parliamentary consideration of status of specified provisions of this Act] applies is made under section 83 the House of Commons stands adjourned to a day after the end of the period of 5 days beginning with the date on which the regulations are made, the Speaker of the House of Commons shall arrange for the House to meet on a day during that period.

(3) If when a status report to which section [Parliamentary consideration of status of specified provisions of this Act] applies is made under section 83 the House of Lords stands adjourned to a day after the end of the period of 5 days beginning with the date on which the regulations are made, the Speaker of the House of Lords shall arrange for the House to meet on a day during that period.

(4) In subsections (2) and (3) a reference to the Speaker of the House of Commons or the Speaker of the House of Lords includes a reference to a person authorised by Standing Orders of the House of Commons or of the House of Lords to act in place of the Speaker of the House of Commons or the Speaker of the House of Lords in respect of the recall of the House during adjournment.’

This new clause provides for Parliament to be recalled from adjournment or prorogation to debate status reports which must be made every 2 months under Clause 83 of the Bill.

New clause 4—Duty to support basic means of living—

‘The Prime Minister must make, and lay before Parliament, arrangements to ensure that everyone in the United Kingdom has access to the basic means of living including food, water, fuel, clothing, income and housing, employing all available statutory and prerogative powers.’

This new clause sets an overarching responsibility for the Government to use all its powers to ensure that everyone in the United Kingdom has access to the basic means of living throughout the present coronavirus emergency.

New clause 5—Guidance on identification, support and assistance for victims of slavery or human trafficking during the coronavirus emergency—

‘(1) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about continuing the process for identifying persons in the United Kingdom who may be a victim of slavery or human trafficking during the coronavirus emergency.

(2) The Secretary of State must issue guidance to such public authorities and other persons in England and Wales as the Secretary of State considers appropriate about continuing arrangements for providing assistance and support to persons during the coronavirus emergency where there—

(a) are reasonable grounds to believe the person may be a victim of slavery or human trafficking; and

(b) is a conclusive determination that the person is a victim of slavery or human trafficking.

(3) The guidance in subsection (2) must include—

(a) whether a victim who is on immigration bail must remain at an address where another occupant is experiencing the coronavirus disease;

(b) on-going provision of a support worker to victims and the ability of the victim to receive financial support, where either a support worker or a victim has the coronavirus disease or has had to self-isolate;

(c) provision of accommodation for victims who may need to leave current accommodation because of concerns about the coronavirus disease; and

(d) provision of accommodation for victims who have the coronavirus disease.

(4) The Secretary of State must liaise with the Northern Ireland Executive and Scottish Ministers about how the guidance issued under subsection (2) may have relevance for the support and assistance of victims in those jurisdictions.

(5) For the purposes of subsection (2)—

(a) there are reasonable grounds to believe that a person is a victim of slavery or human trafficking if a competent authority has determined for the purposes of Article 10 of the Trafficking Convention (identification of victims) that there are such grounds;

(b) there is a conclusive determination that a person is or is not a victim of slavery or human trafficking when, on completion of the identification process required by Article 10 of the Trafficking Convention, a competent authority concludes that the person is or is not such a victim.

(c) “competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings.’

This new clause requires the Government to set out its plans for continuing to identify and support victims of modern slavery during the coronavirus emergency.

New clause 6—Powers relating to transport for isolated and island communities—

‘(1) The Secretary of State, or relevant Minister in the devolved Administrations, may issue a direction to such ferry, bus and rail operators as the Secretary of State or relevant Minister thinks fit to—

(a) work together to produce a plan for the continuing provision of a resilient transport service to isolated and island communities; and

(b) implement the plan to a timescale specified by the Secretary of State or relevant Minister.

(2) The plan in subsection (1)(a) must cover—

(a) the provision of food, medicines and other essential goods; and

(b) the provision of passenger transportation to enable people to travel for essential purposes, including medical purposes.

(3) The direction in subsection (1) supersedes all existing legislation, including but not limited to the Competition Act 1998, that would otherwise prevent operators from working together in the ways set out in subsections (1) and (2).

(4) The direction in subsection (1) must be given in writing to the ferry, bus and rail operators concerned.

(5) In this section “isolated communities” means:

(a) islands that are part of the United Kingdom but are not connected to the mainland by a bridge or tunnel, or

(b) communities with a population density of less than 100 people per kilometre.’

New clause 7—Immigration and Asylum—

‘Schedule ( ) contains temporary changes to immigration and asylum laws and procedures for the purposes of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.’

This new clause is linked to NS1.

New clause 8—Provision of education to pupils no longer attending school—

‘(1) A school or provider of 16 to 18 education that closes because of the coronavirus outbreak, whether because of a temporary closure direction issued under Schedule 15 or otherwise, has a duty to ensure that its pupils continue to receive educational provision.

(2) The educational provision in subsection (1) may include—

(a) lessons set by a teacher, such as via videoconferencing or the setting of assignments, or

(b) teaching resources, including but not limited to textbooks or software.

(3) The Secretary of State must, as soon as is reasonably practicable, indemnify the school or provider of 16 to 18 education for all reasonable purchases of teaching resources for pupils and staff that the head of the school or provider of 16 to 18 education considers necessary for it to fulfil the duty in subsection (1).

(4) In this section, “provider of 16 to 18 education” means

(a) a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;

(b) an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;

(c) a provider of post-16 education or training—

(i) to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, and

(ii) in respect of which funding is provided by, or under, arrangements made by the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees.’

New clause 9—Social security—

‘(1) The Secretary of State must, by regulations —

(a) increase the value of the benefits specified in subsection (2) so that, for the tax year beginning on 6 April 2020—

(i) an individual not in work will be awarded at least £150 per week, and

(ii) a couple who are both not in work will be awarded at least £260 a week.

(b) disapply the minimum income floor of universal credit for the tax year beginning on 6 April 2020;

(c) provide that, for the tax year beginning on 6 April 2020—

(i) households newly claiming universal credit receive an advance of their first payment by default, and

(ii) households in sub-paragraph (i) are not required to repay any part of this advance for a period of at least six months beginning with the date on which they received the advance; and

(d) make provision to ensure that claimants of universal credit, jobseeker’s allowance and Employment and Support Allowance are not subject to sanctions in the tax year beginning on 6 April 2020.

(2) The benefits to be increased under subsection (1)(a) are—

(a) the standard allowances of universal credit,

(b) jobseeker’s allowance, and

(c) employment and support allowance.

(3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’

New clause 10—Expiry—

‘(1) Except so far as otherwise provided under this section, the provisions of this Act expire at the end of the period of 3 months beginning with the day on which this Act is passed.

(2) The Secretary of State may by regulations provide that any provisions of this Act do not expire at the time when it would otherwise expire under subsection (1) but is to continue in force after that time for a period not exceeding 3 months.

(3) The power under subsection (2) may not be used to continue any of the provisions of this Act in force any later than a period of 2 years beginning with the day on which this Act is passed.

(4) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.’

The new clause would set an expiry date on the provisions of the Act at the end of a period of 3 months beginning on the day when the Act is passed unless they are continued in force by means of affirmative regulations. Provisions could continue in force for no longer than 3 months at a time, up to a period of 2 years from when the Act was initially passed.

New clause 11—Statutory sick pay: rate of payment—

‘The Social Security Contributions and Benefits Act 1992 is amended as follows:

“In section 157, subsection (1), leave out “£94.25” and insert “£220”.”’

This new clause would increase the weekly rate of Statutory Sick Pay from £94.25 to £220.

New clause 12—European Union: extension of implementation period etc—

‘(1) Section 33 of the European Union (Withdrawal Agreement) Act 2020 is repealed.

(2) It shall be an objective of the Government to secure a decision by the UK-EU Joint Committee to extend the transition period for up to 1 or 2 years as per Article 132 of the Withdrawal Agreement.

(3) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to maintain continued and full membership of the EU Early Warning System.

(4) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) and subsection (2) within 2 months of this Act being passed, and subsequently at intervals of no more than 2 months.’

This new clause would require the Government to (i) repeal Section 33 of the European Union (Withdrawal Agreement) Act 2020, (ii) seek an extension of the negotiation period for the UK-EU future relationship, and (iii) seek to maintain continued and full membership of the EU Early Warning System, in order to respond effectively to the global COVID-19 pandemic.

New clause 13—Statutory self-employment pay—

‘(1) The Secretary of State must, by regulations, introduce a scheme of Statutory Self-Employment Pay.

(2) The scheme must make provision for payments to be made out of public funds to individuals who are

(a) self-employed, or

(b) freelancers.

(3) The payments to be made in subsection (2) are to be set so that the net monthly earnings of an individual specified in subsection (2) do not fall below—

(i) 80 per cent of their monthly net earnings, averaged over the last three years, or

(ii) £2,917

whichever is lower.

(4) No payment to be made under subsection (2) shall exceed £2,917 per month.

(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’

The purpose of this amendment is to make the Government ‘top up’ self-employed workers’ earnings to the lower of 80% of their net monthly earnings averaged over three years, or £2,917 a month.

New clause 14—Social care provisions—

‘(1) Within 10 days of the date on which this Act is passed the Secretary of State must lay before Parliament a comprehensive report outlining how the Government will guarantee provisions for social care while this Act is in force.

(2) The reports must make reference to but are not limited to—

(a) an outline of the funding available to social care providers, and

(b) any other provisions in place or to be introduced to ensure that social care standards are maintained to as high a level as possible.

(3) The Secretary of State must lay before Parliament an updated proposal in the same terms every three months from the date on which this Act is passed.’

This new clause requires the Secretary of State to publish a comprehensive proposal outlining how the Government will guarantee provisions for social care while this Act is in force.

New clause 27—Universal access to healthcare—

‘(1) Section 39 of the Immigration Act 2014 is omitted.

(2) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain shall not include a reference to a person who is physically present in Great Britain.

(3) A reference in the NHS charging provisions to persons not ordinarily resident in Northern Ireland shall not include a reference to a person who is physically present in Northern Ireland.

(4) The “NHS charging provisions” are—

(a) section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain),

(b) section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain),

(c) section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain),

(d) article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

(5) The Secretary of State shall cease all data sharing between the Home Office and NHS Digital, any NHS Trust, or any other part of the National Health Service where it takes place in connection with—

(a) NHS charging,

(b) the compliant environment, or

(c) any other immigration function.

(6) The Secretary of State shall take appropriate steps to communicate the effect of this section to people who, but for the provisions of this section, would have been considered under the NHS charging provisions to be persons not ordinarily resident in Great Britain or in Northern Ireland.

(7) In taking the steps in subsection (5) the Secretary of State shall have regard to the following—

(a) the public interest in and public health benefits of all persons physically present in the United Kingdom feeling safe in presenting to medical officials if they fall ill, and

(b) the particular needs and vulnerability of the groups in question.’

This new clause is intended to safeguard public health by ensuring every person in the United Kingdom is able to access NHS care without incurring a financial penalty or immigration sanction.

New clause 28—Power to cap prices—

‘(1) An appropriate authority may declare a state of disruption to the food supply chain.

(2) A state of disruption may not last longer than 180 days from the date of the declaration.

(3) During a declared state of disruption it is prohibited to charge a price that exceeds an amount equal to or in excess of 10 per cent of the average price at which the same or similar consumer goods or services were obtainable during the seven days prior to the declared state of disruption.

(4) The provisions of this section shall not apply if the increase in price is substantially attributable to additional costs that arose within the food supply chain in connection with the sale of consumer goods and services.

(5) The appropriate authority may direct trading standards officers to investigate apparent breaches of this section.

(6) If the appropriate authority is satisfied, on the balance of probabilities, that a person has, without reasonable excuse, failed to comply with this section, the appropriate authority may impose a financial penalty on that person in accordance with Schedule 14.’

New clause 29—Monitoring body: effect of Schedule 11 to this Act—

‘(1) The Secretary of State shall, within seven days of the date on which this Act is passed, appoint by order a body (‘the relevant body) to monitor the effect of Schedule 11 to this Act.

(2) The relevant body must—

(a) advise central government about the effect of Schedule 11 to this Act;

(b) recommend to central government the amendment, suspension or repeal of Schedule 11 to this Act.

(3) The relevant body must publish a report in respect of subparagraphs (1) and (2) at least once every 8 weeks during any period in which Schedule 11 is operation.

(4) In this section “central government” means Her Majesty‘s Government.’

The purpose of this new clause is to ensure that the impact of Schedule 11 is subject to appropriate monitoring and review by an appropriate body such as the Equality and Human Rights Commission.

New clause 32—Statutory sick pay: extension of entitlement—

‘The Social Security Contributions and Benefits Act 1992 has effect as if in section 163 (Interpretation of Part XI and supplementary provisions) after subsection (1) there were inserted—

“(1A) Regulations shall provide that in relation to those specified in section 151(4A)—

(a) the expression ‘employee’ shall for the purposes of Part XI of this Act mean a human person who—

(i) seeks to be engaged by another to provide labour,

(ii) is engaged by another to provide labour, or

(iii) where the employment has ceased was engaged by another to provide labour, and is not, in the provision of that labour, genuinely operating a business on his or her own account.

(b) An ‘employer’ in relation to an employee is—

(i) any person or entity who engages or engaged the employee, and

(ii) any person or entity who substantially determines terms on which the employee is engaged at any material time.

(c) ‘contract of service shall mean any contract by which the employee is engaged by another to provide labour and ‘employed’ ‘employment’ mean engaged as an ‘employee’.

(d) For the purposes of the regulations, an agency worker shall be treated as an employee of both the employment agency or employment business which arranged for him to provide labour to another and the end user of his labour; and ‘employment agency ‘ and employment business’ shall have the meanings set out in section 13 of the Employment Agencies Act 1973.

(e) It shall be for the person who is claimed to be the employer and contests that claim to show in any legal proceedings that he or she is not the employer.’

New clause 33—Statutory sick pay: self-employed people—

‘A person who is self-employed and genuinely operating a business on his or her account and who suffers losses directly attributable to the coronavirus outbreak shall be entitled to reimbursement of those losses by the Secretary of State under regulations which the Secretary of State must lay before Parliament for approval.’

New clause 34—Statutory sick pay uprating—

‘The Social Security Contributions and Benefits Act 1992 has effect as if in section 157 (rates of payment) after subsection (2) there were inserted—

“(2A) The Secretary of State shall by Order substitute the following rate of statutory sick pay for all those to whom the regulations under section 151(4A) may apply: 90 per cent of a week’s pay calculated in accordance with the provisions of sections 220 to 229 Employment Rights Act 1996, save that the maximum provided for in section 227(1) shall be for the purposes of section 2A of the Social Security Contributions and Benefits Act 1992 the sum of £577 per week and the minimum shall be the rate of the Real Living Wage multiplied by the worker’s working hours which number of hours shall be calculated in accordance with sections 220 to 229 Employment Rights Act 1996.

(2B) An employer who is entitled to reimbursement from the Secretary of State in respect of statutory sick pay or any payment under the Coronavirus Job Retention Scheme or any other grant or loan from the Secretary of State in relation to coronavirus must—

(a) not dismiss any employee for a reason which includes redundancy related to the coronavirus outbreak of 2020 and any such dismissal shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as an unfair dismissal,

(b) pay, in accordance with subsection 2A or in accordance with the scheme of the Job Retention Scheme if more beneficial to the employee, an employee who would otherwise be at risk of redundancy or is put on fewer hours work than normal for a reason related to the coronavirus outbreak of 2020,

(c) at the discretion of the Secretary of State, cease to be entitled to any further reimbursement from the Secretary of State in respect of statutory sick pay or any payment under the Coronavirus Job Retention Scheme or any other grant or loan from the Secretary of State in relation to coronavirus, and may be required to pay back some or all of any such sum received if the employer has failed to pay, in accordance with subsection 2A, an employee who would otherwise be at risk of redundancy or has dismissed an employee for a reason which includes redundancy related to the coronavirus outbreak of 2020.”’

This amendment uprates statutory sick pay to the level of 90 per cent of the worker’s normal earnings and makes provision for maximum and minimum rates.

New clause 35—Provision of personal protective equipment—

‘Without prejudice to the duties of employers pursuant to sections 2,3 and 4 of the Health and Safety etc Act 1974 and pursuant to the regulations made thereunder and their duties in common law, the Secretary of State has a duty to ensure the provision of suitable and adequate personal protective equipment to all health, care and emergency service workers who are exposed to the risk of contracting coronavirus in the normal course of their work.’

This amendment would impose a duty on the Secretary of State to ensure the provision of personal protective equipment as part of their ministerial role.

Schedules 1 to 6.

Amendment 64, in schedule 7, page 90, line 9, leave out

“is impractical or would involve undesirable delay”

and replace with “would involve unreasonable delay”.

The purpose of this amendment is to restrict the use of single practitioner recommendations to situations where this would cause unreasonable delay in the recommendation being made. This will protect patients in a way that a broader power to use single practitioner recommendations where obtaining two recommendations was said to be ‘impractical’ or involve ‘undesirable delay’ would not.

Amendment 65, in page 90, line 31, at end insert—

“(10) A single recommendation may not be made by a practitioner employed by a private sector body, if it is being contemplated that the patient may be detained in a hospital run by the relevant private sector body.”

The purpose of this amendment is to ensure that patients cannot be detained solely on the recommendation of a doctor employed by a private hospital where it is envisaged that they will or may be detained at that hospital.

Government amendments 15 and 16.

Schedules 7 to 10.

Amendment 57, in schedule 11, page 111, line 19, at end insert—

“(3) In this Part of this Schedule, the phrase “does not have to comply with any duties” means that a local authority does not have to comply with the relevant duty only if it would not be reasonably practicable to do so.”

The purpose of this amendment, along with amendments 58 and 59, is to require local authorities to discharge their Care Act duties and in particular meet needs for care and support which would currently be ‘eligible’ needs where it is reasonably practicable for them to do so. This will provide a measure of protection to disabled people while permitting local authorities to take account of all relevant circumstances in the commissioning and delivery of adult social care.

Amendment 14, in schedule 11, page 112, line 33, at end, insert—

“(d) the local authority has the necessary resources to meet those needs or can make funding available in advance or arrears to meet those needs.”

This amendment would make the duty on a local authority to meet an adult’s needs for care and support conditional upon the local authority having available resources or the ability to access additional resources to fulfil that duty.

Amendment 59, page 113, line 8, after “Convention rights” insert

“or the local authority considers, on the information available to it, that it is likely the adult’s needs would have met the eligibility criteria previously established by the Care and Support (Eligibility Criteria) Regulations 2014 and that it would be reasonably practicable to meet those needs”.

See explanatory statement for Amendment 57.

Amendment 58, page 113, line 30, after “Convention rights” insert

“or the local authority considers, on the information available to it, that it is likely the adult’s needs would have met the eligibility criteria previously established by the Care and Support (Eligibility Criteria) Regulations 2014 and that it would be reasonably practicable to meet those needs”.

See explanatory statement for Amendment 57.

Amendment 60, page 117, line 18, at end insert—

“(3) In this Part of this Schedule, the phrase “does not have to comply with any duties” means that a local authority does not have to comply with the relevant duty only if it would not be reasonably practicable to do so.”

This amendment and Amendments 61 to 63 have the same objectives in relation to the Welsh legislation as the amendments 57 to 59 above have in relation to the Care Act in England.

Amendment 62, page 119, leave out lines 2 to 4 and insert—

“(3) Condition 2 is that the local authority considers, on the information available to it, that it is likely the carer’s needs would have met the eligibility criteria previously in force and it is reasonably practicable to meet those needs.”, and”

See explanatory statement for Amendment 60.

Amendment 63, page 119, leave out lines 7 to 10 and insert—

“(3) Amod 2 yw bod yr awdurdod yn ystyried, o’r wybodaeth sydd ar gael ar y pryd, ei fod yn debygol bod anghenion y gofalwr eisoes wedi cyrraedd meini prawf cymhwysedd mewn rheolaeth, a’i fod yn rhesymol y gellid cyflawni’r anghenion ymarferol hynny.”

See explanatory statement for Amendment 60.

Amendment 61, page 119, line 40, at end insert

“and replaced with “the local authority considers, on the information available to it, that it is likely the adult’s needs would have met the eligibility criteria previously in force and it is reasonably practicable to meet those needs”.”

See explanatory statement for Amendment 60.

Schedules 11 to 13.

Amendment 53, in schedule 14, page 136, line 2, after “chains” insert

“and power to cap prices”.

Amendment 54, page 136, line 5, after “section 26” insert “or [Power to cap prices]”.

Schedules 14 and 15.

Amendment 71, in schedule 16, page 165, line 20, at end insert—

“(1A) Before making any notice in accordance with subparagraph (1), the Secretary of State shall consult with such persons as appear to him to be appropriate, unless they consider that in the particular circumstances it is not reasonably practicable to undertake any such consultation. The Secretary of State shall in particular consider whether they can discharge their duty in sub-section (a) by consultations with representative bodies for pupils, students, parents, teachers, other professionals and local authorities, as they consider appropriate.”

This amendment is linked to amendment 68.

Amendment 68, page 167, line 26, leave out ‘used reasonable endeavours’ and insert ‘taken all practicable steps’.

This amendment and amendments 69 and 70 are intended to be to the modifications to section 19 Education Act 1996, sections 508A-508F Education Act 1996 and section 42 of the Children and Families Act 2014 plus the new sub-paragraph on consultation added in after para 5(1) of schedule 16.

Amendment 69, page 167, line 36, leave out ‘used reasonable endeavours’ and insert ‘taken all practicable steps’.

This amendment is linked to amendment 68.

Amendment 70, page 170, line 33, leave out ‘used reasonable endeavours’ and insert ‘taken all practicable steps’.

This amendment is linked to amendment 68.

Schedules 16 and 17.

Government amendment 19.

Schedules 18 and 19.

Government amendments 9 to 13.

Schedule 20.

Government amendments 55 and 56.

Schedules 21 and 22.

Government amendment 82.

Schedules 23 and 24.

Government amendment 5.

Schedules 25 to 26.

Government amendment 51.

Amendment 66, in schedule 27, page 317, line 6, at end insert—

“5A In respect of sub-paragraphs 5 (a), (b) and (c), where a deceased is to be cremated and it goes against their religious belief, the designated authority must consult the next of kin or designated Power of Attorney or the relevant local faith institution in so far as reasonably possible, to find a suitable alternative before proceeding with the cremation.”

This amendment and linked Amendment 67 would require a local authority to consult the next of kin, designated Power of Attorney or local faith institutions (such as a church, mosque or synagogue) for support in order to respect an individual’s wishes.

Amendment 67, page 317, line 8, at beginning insert

“Having had due regard to paragraph 5A of this Part,”.

Government amendment 52.

Schedule 27.

Government new schedule 2—Emergency arrangements concerning medical practitioners: Wales.

Government new schedule 3—Residential tenancies: protection from eviction.

New schedule 1—Measures in relation to immigration and asylum—

Part 1

rules in relation to no recourse to public funds

20 The Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care on the impact of no recourse to public funds rules on preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.

21 The Secretary of State must, by regulation, make such amendments to no recourse to public funds rules as considered necessary in light of the consultation referred to in paragraph 1.

22 In this schedule, “no recourse to public funds rules” includes any provision prohibiting access to public funds or other forms of publicly financed support by those who require leave to enter or remain in the United Kingdom, including, but not limited to, section 115 of the Immigration Act 1999.

Part 2

immigration detention

23 The Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care on the impact of immigration detention on preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.

24 (1) Within seven days of the date on which this Act is passed, the Secretary of State must review the list of countries to which imminent removal of immigration detainees is possible.

(2) In light of that review, the Secretary of State must make arrangements to end the detention of any individual who cannot be removed imminently, consistent with preventing, protecting against, controlling and providing a public health response to the incidence or spread of infection or contamination.

Part 3

asylum processes

25 (1) The Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care on the impact of asylum processes on preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.

(2) The matters to be consulted on under sub-paragraph (1) include, but are not restricted to—

(a) requirements for individuals to report or attend interviews as part of the asylum process;

(b) the nature and extent of asylum accommodation and rules in relation to eviction from asylum accommodation;

(c) the nature and extent of financial support for asylum seekers;

(d) the nature and extent of financial support for local authorities in asylum dispersal areas.

Part 4

extension of leave to remain

26 7. The Secretary of State must make provision, by statement of changes to the immigration rules, to allow for leave to remain for individuals whose previous leave expires during the period in which this Act is in force, or whose leave expired in the 14 days prior to the date on which this Act is passed.

This new schedule contains temporary changes to immigration and asylum laws and procedures for the purposes of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.

[Chris Bryant (Rhondda) (Lab)]

I rise merely to refer to the issue of the timing and the length of the Bill. As Members will know, the Minister said in the previous debate that the Government were tabling a new clause that would allow the Bill to be on the statute book for two years but with an opportunity after six months to vote on whether the temporary measures in it should remain. I urge the Minister to look carefully at that new clause, because I think it is defective. New clause 19 states clearly:

“‘relevant temporary provision’” means any provision of this Act—

(a) which is not listed in section (2) (provisions not subject to expiry)”

I cannot find that section anywhere, so I do not think that the new clause works in law. I may be completely wrong—I may have missed something—and if so, I hope the Minister can enlighten me. I do not think there is any conspiracy here; it may just be that something has been missed.

Like the right hon. Member for Haltemprice and Howden (Mr Davis), my anxiety from the start has been that two years is a long time to have such draconian measures on the statute book and that to have them on the statute book without a moment when the House, rather than Ministers, can decide to switch individual measures on or off is quite problematic. The Government have already used the Public Health (Control of Disease) Act 1984 to table statutory instruments to close pubs, restaurants, casino, spas, gyms and so on. That secondary legislation still has to go through the House under the 1984 Act, and the Commons and the Lords have to vote in favour of it within 28 days of it being tabled.

Likewise, if the Government had gone down the route of the Civil Contingencies Act 2004, they would have needed to come back to Parliament every 30 days for each of the individual powers that they presented under that Act, and if the House chose not to allow those powers to remain, the Government would not be able to continue using them. In addition, the 2004 Act makes it clear that if Parliament is adjourned for more than four days, or even if it is prorogued, the Speaker and the monarch have to summon Parliament.

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[Bill Esterson (Sefton Central) (Lab)]

I am grateful to my hon. Friend for raising the challenges faced by the 4.7 million self-employed people, as quoted by the Federation of Small Businesses. I was sent a screenshot of a claim being made by somebody self-employed this afternoon, and it said that there were 33,383 people ahead of them in the queue to use the claim section of the website. I am sure he will agree that that is a very worrying sign of the ability of the system to cope—

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Order. I appreciate the hon. Gentleman is making a very important point, and every Member of Parliament has received similar emails from their constituents to the one that he has just described. I am very concerned that we have only an hour and a bit to go—[Interruption.] No, I make no criticism of the hon. Gentleman: it is very important in emergency legislation that the official Opposition have a full say in what happens at this point of the Bill, but I implore Members to move a little bit faster. If everybody makes short points, we will get all those points in, which we must do.

[Nick Thomas-Symonds]

I say to my hon. Friend that he is right. One of the issues about making announcements is that people actually have to be able to access what they are being offered.

I have already set out that statutory sick pay is too low at £94.25 a week. Amendments regarding that have been tabled, as well as on people who do not qualify for it, and I urge the Government to look at that again. We must also speak of the businesses laying off workers and not applying for the 80% coverage of wages, which is what they should be doing. There are people who have lost their jobs, and who need help fast. It is a concern that the 80% wages support applies in the April payroll, not the March payroll, and what that will mean is that money will not be available until the end of next month. I appreciate the scale of this and I appreciate that Treasury officials have done a lot of work on it, but as the days pass more and more people are losing their jobs. Every day matters in bringing that help forward.

I have already spoken about renters and mentioned help for homeowners. On businesses, I say to the Government that grants are better than loans. We do not want to build up a stack of debt, and where the Government are relying upon the universal credit system, they must look at the fundamental structural problems in the system and at the five-week waits. Surely we cannot continue with face-to-face assessments in the next few months, with the scale of this crisis.

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[Nick Thomas-Symonds]

My right hon. Friend is absolutely right that profiteering is affecting people now. We have heard some examples from across the House and, clearly, that issue needs to be seriously considered.

I turn now to what all this means taken together—I will draw my remarks to a close, Dame Eleanor, because I know that you wish other people to come in. This is an unprecedented change in the relationship between Government and Parliament, and Government and people. First, I say to the Minister that the imperative is to protect everyone and support them in this time of peril. We ask people to make sacrifices and we must support them, too. Secondly, the need for safeguards in this legislation is paramount. I hope that the Minister will look in particular at the suggestion that I made on the six-month review and that being amendable.

We are not seeking to divide the House, but we hope very much that the Government will heed what has been said, and we, of course, reserve the right to pursue these matters further in the other place.

[The Chairman of Ways and Means (Dame Eleanor Laing)]

If everyone takes around three to four minutes, they will all get a chance to come in.

[Andrew Selous (South West Bedfordshire) (Con)]

I will not detain the House long. I rise to speak to new clause 1, which I understand has been agreed in advance with the Government, and I will move it at the end of this evening’s proceedings.

New clause 1 is very straightforward. It enables the elections to the General Synod of the Church of England to be postponed. Quite recently, we postponed all the elections that we in the House are involved in—the mayoral, local government and police and crime commissioner elections—but the General Synod is the National Assembly of the Church of England, and it is a Church that is episcopally led and synodically governed. The General Synod is a devolved body of this Parliament. It is the first devolved body of the Westminster Parliament and has been since 1919. Synods last five years, just as Westminster Parliaments do. The last one was elected in summer 2015 and therefore would expire this summer. There is no legal power to extend the current General Synod. New clause 1 provides that power by allowing the Archbishops of Canterbury and of York to ask Her Majesty to postpone the date of dissolution by an Order in Council. That order postpones the date of the dissolution of the current Synod for as long as would be necessary by dissolving the convocations of Canterbury and of York. The dissolution of those convocations triggers the dissolution of Synod.

Hon. Members may not know what I mean by convocations, but they are the historical assemblies of bishops and clergy. They go back to the time of Archbishop Theodore of Canterbury, who was enthroned in 668, so convocations give this Parliament a run for its money in terms of historical precedent. That may sound a bit dry, but it is important. This will enable the Synod to deal with important matters, such as the independent inquiry into child sexual abuse. The Church takes that very seriously, and it will need to react to that body’s findings. This will also enable the Synod to move forward with the important work on cathedral finances and governance, which also need to be addressed urgently.

The Church is fulfilling an important role today. It is caring for the vulnerable, and it is reaching out in helping with the delivery of food, such as working with food banks and with night shelters. I commend new clause 1 to the Government and to the House.

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[Penny Mordaunt]

I will, but I am just going briefly to go through the amendments—[Interruption.] I know, but hon. Members have tabled amendments and I wish to tell them why we have not accepted them. [Interruption.]

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Order. We are getting through this and we are not having interruptions from Members who are sitting down.

[Penny Mordaunt]

Thank you, Dame Eleanor. The first such reason is that in the event that Parliament is not sitting, we think that the made affirmative procedure would impede our ability to manage efficiently the use of these powers. It may be difficult to make an Order in Council during a pandemic. It may be difficult safely to convene the necessary Privy Council meeting. A made affirmative instrument can be made more, and ensures that there is a vote on the extension of the Act when Parliament returns. Secondly, it is not clear from the proposed amendment whether the Act can be extended more than once. It is the unfortunate situation that with this pandemic possibly lasting longer than a year it is essential that we have the flexibility to keep the important measures in this Bill in force for longer than a year where they are needed.

I am aware of the real policy concerns behind the amendment tabled by my right hon. Friend the Member for Haltemprice and Howden. I should also point out that without clause 76 we would have no mechanism for extending the life of the Bill, should that be needed, other than by making further primary legislation, so we could be left without vital measures for protecting public health and supporting essential public services while in the middle of the outbreak. Similarly, without clause 76 we would have no simple means of sunsetting the legislation at an earlier date if it proves to be no longer necessary.

Finally, colleagues will wish to note that the amendment would impact on the devolved Administrations without their consent.

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[Penny Mordaunt]

Can I just answer that point, because my hon. Friend made it on Second Reading, and I have checked the issue? The Department of Health and NHS England are looking at precisely the issue of being able to authorise healthcare professionals to administer other opiates. I can also assure my hon. Friend that he will shortly get a letter from the relevant Secretary of State with regard to the Isle of Wight ferry issue. I do not know its contents—I am not briefed on that—but his lobbying has worked.

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Before I call Jeffrey Donaldson, I should say that we really have to be quick now. I hope the right hon. Gentleman will do three minutes.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Thank you Dame Eleanor. I will be brief.

I want to speak to new clause 5, in my name. As we have heard, there have been calls from across the UK to look out for the members of our society who are elderly and vulnerable. I wish to add my voice and to say that the victims of modern slavery must be addressed urgently. I spoke to the Minister’s colleague earlier today, and I have received assurances from the Minister. I welcome the fact that the Department is working closely with the Salvation Army, which is the contractor dealing with these issues. I have faith that it will do the right thing and look after these people, but it is important to issue guidance on this issue when possible.

I recognise that the Department is pressed and that officials are working hard on this issue, but I really hope the Government will be able to address my concerns, particularly to ensure that the victims of modern slavery continue to receive special payments; that where their key worker is off ill due to the virus, someone else will liaise with them and keep in contact; that there are arrangements to address the need to protect them when they are in shared or cramped accommodation, as is often the case; and that the Government will look into these matters and ensure that these vulnerable people, who are already victims, are not further victimised or isolated as a result of a lack of capacity to deal with these issues and concerns at the moment. I am looking for that assurance, and I hope the Government will be able to issue guidance along the lines I have suggested in new clause 5.

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[Madam Deputy Speaker (Dame Eleanor Laing)]

The hon. Lady raises a perfectly reasonable point of order. The House will understand why, while we were undertaking the proceedings that we have just concluded, the Prime Minister spoke to the nation in a forum other than this Chamber, but Mr Speaker has made it very clear to the Prime Minister that when announcements are made outside this House, they must be made, as soon as is practicable, within this House to this Chamber, to the duly elected representatives of the people here gathered.