Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Lord Scriven Excerpts

Monday 15th June 2020 Lords Chamber

[Lord Scriven (LD) [V]]

My Lords, this debate is nothing more than a charade—a mere illusion of scrutiny and accountability of government. We are discussing regulations that have already been amended twice by a ministerial pen. We cannot change them or make recommendations to improve them. These are Henry VIII powers on steroids.

The introduction to the regulations states:

“The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat … the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.”


It is debatable whether there was any urgent need to make these amendments to the regulations before placing a draft before Parliament. These amendments make changes that, in the view of the Government, are urgent and required for the lockdown. It stretches matters too far to say that these changes have to be introduced as a matter of urgency. They were not issues that crept upon the Government within a few days. These executive orders, decided behind closed Whitehall doors, have serious implications for citizens’ movements and freedoms. This has to stop. It makes a mockery of Parliament and our civil liberties, and is a power grab by Ministers trying to avoid in-depth parliamentary scrutiny.

Government incompetence, backed up by total executive power, is not what is needed but unfortunately that is what we now have in dealing with Covid-19. Why have the Government deemed this matter to be so urgent and in need of emergency powers at this stage of the Covid-19 pandemic? If they had acted with competence, and faster, at the start of the pandemic, some of the restrictions to our freedoms in these regulations would not be required now.

When a public inquiry is held, as it will be, the lack of action early on, with the instigation of a lockdown and the lack of action in February to implement an at-scale test, trace and isolate system that would have saved British lives, will be key issues. Different and faster actions would have changed the journey of Covid-19 on these isles.

Some of the provisions in these regulations that restrict some of our freedoms are the direct result of government incompetence and slowness to act. Regulations made behind closed doors and then presented to Parliament in this way indicate a Government who are trying to close the stable door after the horse has bolted. With over 41,000 deaths, this is not the way to deal with the pandemic. Therefore, will the Minister commit to the future tabling of draft amendments to these regulations for the resolution of both Houses before they become law? That is required to get the balance correct when dealing with this public health crisis and protecting our freedoms and movements.