Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020

Lord Beith Excerpts

Friday 25th September 2020 Lords Chamber

[Lord Beith (LD) [V]]

My Lords, two minutes is an impossible amount of time in which to analyse this stack of superseded orders, although noble Lords have made some very telling points. For example, the noble Lord, Lord Forsyth, spoke about the use of the Public Health (Control of Disease) Act 1984—a chillingly appropriate name for an Act giving very sweeping powers, which I think have been wrongly used in some instances in this matter.

These orders restrict civil liberties because of the seriousness of the emergency, but Parliament must have the ability to scrutinise and consent to each and every incursion into civil liberties. The Government have to act quickly, but Parliament can also act quickly if, and only if, the Government co-operate in enabling it to do so. However, the present way of doing things causes confusion in the public’s mind and a lack of understanding of what is law and what is merely guidance. Ministers use terms such as “rules”, which seem to fall somewhere between the two. There is no place between the two; there is law and there is guidance.

In this country, announcements on TV by Ministers are not the law. Parliament makes laws and is part of the process of securing public assent and co-operation, which are absolutely essential in dealing with the present crisis. This House has a major part to play in constructive scrutiny. Parliament as a whole really must get a stronger grip on this process, but the Government can facilitate or obstruct that. They should begin to recognise that public support and willingness to co-operate will steadily dissipate if there is a belief that Ministers are just making it up as they go along without any proper process of scrutiny or approval.