Coronavirus Act 2020 (Review of Temporary Provisions)

Joanna Cherry Excerpts

Wednesday 30th September 2020 Commons Chamber

[Nick Thomas-Symonds]

My hon. Friend is absolutely right. She saves me from coming to another part of my speech. Quality scrutiny is available across the House on a cross-party basis, and we have had no credible explanation for why this debate is limited to 90 minutes.

The rights that I have referred to, relating to the easements that the Government are pushing forward, protect vulnerable people—those who need care, those with mental illness and children with special educational needs across the country. We cannot simply put their rights to one side.

On rights, there is a real issue with schedule 21. My right hon. Friend the Member for Leeds Central (Hilary Benn) put his finger on it: the power to detain “potentially infectious persons”, which, as far as I can make out, could include virtually anybody. So far, it has been used for 141 prosecutions, each and every one of which was found to be unlawful when it was reviewed. I cannot think of any other piece of legislation in parliamentary history that that could be said about. All the Health Secretary said was that the guidance had changed and he would keep it under review. With a provision like that, he needs to speak to the Home Secretary and the Justice Secretary and do so much better. A provision that has resulted in 141 unlawful prosecutions cannot be right.

I say to the Health Secretary that the Government have to be transparent and accountable. They must come back not in six months’ time, as set out in Act, but every month to answer for the use of these powers.

[Joanna Cherry (Edinburgh South West) (SNP)]

I agree that 141 unlawful prosecutions—100% unlawful prosecutions —is completely unacceptable. In Scotland, the police have not been using the powers in schedule 21, so we have not had the same problem. Does the hon. Gentleman agree that we need fewer widely drawn powers, and that schedule 21 needs to go?

[Nick Thomas-Symonds]

The hon. and learned Lady is absolutely right. The problem comes with “potentially infected persons”. It is a very poorly drafted schedule, and that is why we are seeing these consequences. I urge the Health Secretary again to look at it.

As we tighten restrictions and ask for more sacrifices from people, the economic support is being lowered. The Government claim that jobs are unviable, but the reality is that the restrictions made necessary by their failure on testing are causing the problem. The jobs crisis was caused in No. 10 and No. 11 Downing Street. The support offered is inadequate. It cannot be right that it is easier to retain one worker full time than two on a part-time basis. Frankly, the Chancellor is offering a cocktail umbrella for the pouring rain.

I say this to the Government: work with the Opposition in the national interest. Create new targeted support that can replace the job retention scheme and prevent devastating mass unemployment, keep workers safe by protecting workers’ rights, boost sick pay, make workplaces safe and give our NHS and care services the resources they need.

Mr Speaker, you gave a very clear direction earlier about the role of Parliament. Across the Parliament there is, quite rightly, a desire for more parliamentary scrutiny. Six months ago, I raised the issue that the motion is unamendable for precisely that reason. I said to the Paymaster General in that debate that it should be amendable so that we would not be in the position we are in today, but she simply said:

“We do not wish to do that.”—[Official Report, 23 March 2020; Vol. 674, c. 134.]

Today, we find ourselves with 90 minutes to debate this unprecedented set of powers. There is no credible reason whatever why that could not have been extended. The Government may not wish to face scrutiny, but they need to accept that they will make better laws for everybody if they do accept scrutiny.

I heard what the Health Secretary said about votes, but it was qualified because he said “when possible”. He needs to realise that, with such strong powers on the statute book, the need for accountability is even more acute than it would be in ordinary times, not less. A strong Government would come to Parliament. A strong Government would accept the need for votes. A weak Government would run away from scrutiny and hide their own incompetence, which is precisely what the Health Secretary and the Prime Minister are doing.

The British people are making an incredible contribution to tackling this virus. Our country has huge resources, brilliant scientists, our NHS and our remarkable frontline workers. They have all been at the disposal of this Government, yet six months after this Act was last considered in this House, we find ourselves in a perilous situation, critically undermined by the failures of this Government. I say to the Government: get a grip on test and trace—there is no excuse at all for not having a fully functioning system now—communicate well with the public, because the mixed messaging helps nobody; and act to prevent mass unemployment now, because the British people can no longer afford to pay the price for this lack of strategy and grip. Frankly, they deserve so much better.