Coronavirus Act 2020: Temporary Provisions

Lord Scriven Excerpts

Monday 28th September 2020 Lords Chamber

[Lord Scriven (LD)]

My Lords, it is always a great pleasure to follow the noble Lord, Lord Foulkes, because no matter how controversial I think I am going to be, I realise I am not going to be as controversial as him. I congratulate the noble Baroness, Lady Clark of Kilwinning, on her warm, engaging speech, which showed her love of the part of Scotland that she represented. Reading some of her biography online, I see that socialist blood runs through the family line for a long time, as well as football, in terms of great relatives. I am sure that she will make a great contribution to this House, controversial or not. I, as well these Benches, look forward to working with her on human rights issues, which I know are very important to her.

Back in March, on Second Reading of the then Coronavirus Bill, I said:

“Our role is also to make sure that the powers that the Government and individual Ministers wish to take are reasonable and proportionate to the public health crisis that we face.”—[Official Report, 24/3/20; col. 1667.]


Those words are just as valid today as they were six months ago. We now have the last six months to reflect on to decide if indeed this Act is “reasonable and proportionate”. It is not just the words of the Act that need to be reasonable and proportionate; that also needs to be the attitude of the Government and Ministers. In the last six months, far too many times, the Government have acted as a parent and treated citizens as naughty children. It is much more complex, and there is much more nuance, when dealing with something as profound as the effect that this virus has had on society as a whole. Therefore, one type of Bill may have been fine at the start of the emergency, but— particularly if we are to have to live with this virus for many years to come, since there is no guarantee of a vaccine at the moment—we need an Act which lies within the normal realms of parliamentary scrutiny and the democracy in which we live, and which relies less on the ministerial pen and a diktat at 10 o’clock at night. It is clear we need to just stop and refresh where we are.

The Act is written, in its present form, too widely on some issues which are important; many noble Lords have talked about bringing people back into the NHS, the streamlining of registration of deaths and births and other issues which are positive. For example, Section 1 is drawn far too widely where it talks about people being able to apprehend and detain “potentially infectious persons”. Well, everyone is “potentially infectious”, so everyone could be held. It is too broad, and that is why we should not just nod through this Act.

There are provisions in this Act which are good, but others have significant implications for the freedoms and liberties of citizens living here. It is time to reflect and work out a better way of providing a Bill which gives Ministers the speed they require—because sometimes Ministers will need speed—in a way that is subject to parliamentary scrutiny and the normal democratic process we expect in a democratic society.

I understand that the Minister’s role is difficult, but I say to him that reflection, rather than accepting that we have the balance right, would show a Government who are listening, watching and acting on public concern.