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

Lord Forsyth of Drumlean Excerpts

Friday 25th September 2020 Lords Chamber

[Lord Forsyth of Drumlean (Con) [V]]

My Lords, this time last week when we were debating other regulations under this legislation, I talked about the strange death of parliamentary democracy in our country, and nothing that has happened since has done anything but reinforce my view. I heard on the radio this morning that students in Glasgow are being told that they have to self-isolate in their rooms, that they are not allowed to go home and that they may be there until Christmas. These powers are being exercised by regulations which are being made using the Public Health (Control of Disease) Act. This Act gives the Government power only to restrict the movements of people who are believed to be infectious and to close infected premises. As far as I can see, it does not provide the power to control people who are not infected or to close uncontaminated premises. If the Government want to exercise controls of this kind over people who are not infected, they have the power to do so using the Civil Contingencies Act. But, quite properly, that legislation requires that the consent of Parliament is obtained within seven days of any regulation and is renewed every 30 days.

Last week, my noble friend talked about being in a war-type situation where urgent action was required. That is exactly what the Civil Contingencies Act provides for. Have the Government used the public health Act improperly in order to avoid parliamentary scrutiny and created today’s farce where, as he has just indicated, we are debating regulations that were made seven weeks ago and which have already been superseded while being unable to control those that are in force now?

My noble friend apologised for cluttering up the Order Paper. Cluttering up the Order Paper is all that is happening here. There is no proper scrutiny. We cannot vote against these regulations and we have the farce of being asked to consider them after they have been superseded with only two minutes to do so.