Coronavirus Act 2020 (Review of Temporary Provisions) (No. 3)

Maggie Throup Excerpts

Tuesday 19th October 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Health and Social Care (Maggie Throup)]

It is a pleasure to be closing this debate, and I thank hon. Members from all across the House for their contributions today. It is clear from the speeches we have heard—and, indeed, from the fact that the House can meet at full capacity once again—that we have made so much progress in our fight against covid-19. This is thanks to the perseverance and resolve of the British people, and also to our vaccination programme, which has now given first doses to over 85.9% of the population of the UK over the age of 12. It is this life-saving work that has disrupted the once inevitable link between cases, hospitalisations and deaths, and that has allowed us to start carefully reopening our society and our economy once again.

This battle forced us to take unprecedented steps in pursuit of a lethal virus, and the Coronavirus Act has been a vital weapon in our armoury, but we have said throughout our response that we did not want to keep these powers in place for any longer than we have to and that the House performs an essential role in scrutinising the measures every six months.

In 2020, and shortly after the one-year review, we came before Parliament to remove provisions from the Act that were no longer needed. So far 13 of the non-devolved temporary provisions have already been expired and, as pledged in our autumn and winter plan, we are looking to expire even more of these provisions and will lay regulations very soon to make this happen so that we can continue down the path to normal life.

[Simon Hoare (North Dorset) (Con)]

May I invite my hon. Friend to remind the House and the country that the instincts of the Government sitting behind this Act were benign and in support of public health, not malign and vindictive and trying to erode liberties? These were unprecedented times that required emergency action. Those actions have paid dividends; they were difficult but right. The intention was benign not malign, contrary to what some of our colleagues seem to suggest.

[Maggie Throup]

I thank my hon. Friend for that intervention. The Government were acting in very difficult times and had to take unprecedented measures, as he rightly said.

The Secretary of State explained the provisions in detail in his opening statement, so I will not repeat those that we will be expiring but they include some of the most stringent measures in the Act such as directing the temporary closure of educational institutions, the detention of potentially infectious people, and enabling Ministers to restrict or prohibit gatherings or events. Meanwhile the powers in the Act that we are retaining are those that are critical to our response to the pandemic; after all, as the Opposition spokesman rightly said, this virus has not gone away. We are facing a difficult winter, a time when we have seen from experience that the virus poses a particular threat, so we are keeping in place provisions that are fundamental to our response, for example to make sure the NHS is properly resourced and to support statutory sick pay for those who are self-isolating.

[Bob Stewart]

I rise to repeat the point I made to the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey). It would be very good if the NHSs in all four parts of the kingdom were to get together and ensure that those who have had one vaccination in one part of the kingdom and another in a different part could have a piece of paper that allows them to, for instance, attend a lecture. At the moment, at least one of my constituents is not allowed to go to a lecture because she had one vaccination in England and one in Scotland, and the NHS in Scotland does not recognise the England one and the NHS in England does not recognise the Scottish one. What is going on? It is mad.

[Maggie Throup]

I reassure my right hon. Friend that there are ongoing talks across all the devolved nations and the interoperability of the devices are being looked into; work is under way on that.

[Dr Murrison]

Will my hon. Friend also scrutinise the Bill, as a number of colleagues have mentioned this afternoon, to find those bits that were inserted as expedients but probably need to be refined a little and perhaps given a different statutory basis, such as the certificates in section 19, which for many years have been a nice little money-earner for members of my profession but a burden on the deceased’s estate and which really are not necessary?

[Maggie Throup]

Of course we keep every aspect of the Act under review and will continue to do so.

Members have made a number of compelling points and I would like to address them and respond to some of the questions raised. The shadow spokesman raised the issue of vaccinations and I am pleased to report that 3.6 million booster jabs have been delivered to date over a very short time period. This week sees the launch of a communications campaign on the importance of flu jabs. As my right hon. Friend the Secretary of State announced earlier, the national booking service will open for vaccination bookings for young people shortly and letters will be sent to parents and guardians of children aged 12 to 15 over coming weeks inviting them to book the vaccine online or by calling 119. Jabs will continue to be delivered in schools and if the child has already been invited through their school they do not need to act on their invite unless the parents wish to do so. This is a further option for parents to get their children vaccinated.

In response to my right hon. Friend the Member for Forest of Dean (Mr Harper), on 23 September, the Government laid out their plans for parliamentary scrutiny should there be a need for vaccine certification. The Government recognise the vital importance of parliamentary scrutiny. In addition, there was a call for evidence, which closed on 11 October. I trust that my right hon. Friend was able to contribute to that.

My hon. Friend the Member for Bolton West (Chris Green) raised the issue of care workers. My father was in a care home for seven years. I know from personal experience that care workers become part of the family and play a really important role.

[Mr Harper]

Before my hon. Friend moves on, may I press her a little further? She rightly says that the Government recognise the importance of parliamentary scrutiny. That is welcome, but my question was very specific. The Secretary of State committed to the House’s having to make the decision about vaccine passports, and my question was whether the House would be asked to make that decision in advance and not retrospectively. Can the Minister confirm that the House will be asked to make that decision in advance of any move to implement vaccine passports, and that it will not be asked to approve it retrospectively?

[Maggie Throup]

Covid certification will be brought in under the Public Health (Control of Disease) Act 1984, which, as my right hon. Friend is aware, allows for emergency measures. We will do our utmost to bring forward the vote in Parliament before any enactment of the need for covid certification.

I return to the comments by my hon. Friend the Member for Bolton West. A consultation about making vaccination a condition of deployment in the NHS and wider social care closes on 22 October. We will consider all the responses in due course.

[Chris Green]

Does my hon. Friend share my constituents’ perplexity and confusion that the Government think it is suitable to have compulsory vaccination in care home settings—that has been their intention for many weeks—yet they are still confused or undecided as to whether that is equally relevant in the NHS? Carers are going from care settings into the NHS at the moment.

[Maggie Throup]

I reiterate that we are consulting at the moment for the NHS and other social care settings, and we are not moving the dates that we have already set for vaccination as a condition of deployment in care homes.

The hon. Members for Brent Central (Dawn Butler) and for Twickenham (Munira Wilson), my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Wycombe (Mr Baker) raised the issue of unlawful convictions. I reassure them that since April 2020, the Crown Prosecution Service has reviewed all prosecutions under the Coronavirus Act, and it continues to do so. As such, the issue is primarily administrative, rather than one of the wrongful use of powers provided by the Act. That policy of review by the CPS has provided an effective safeguard. All incorrect charges made under the Act and reviewed by the CPS have been overturned, and updated guidance has been issued to the police.

[Dawn Butler]

I wonder whether the Minister will also consider the fines under the Public Health (Control of Disease) Act and whether there will be an appeal mechanism. Will she push for that, please?

--- Later in debate ---

[Maggie Throup]

I will take the hon. Lady’s comments on board. The progress that has been made with regard to unlawful convictions has been really helpful.

We have come so far in our fight, but we still have a long way to go. This pandemic is not yet over, and the steps we are proposing will give us the support we need to continue our fight against the virus while restoring yet more of our precious freedoms and the important experiences that we really love.

I commend the motion to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The question is Motion No. 4 as on the Order Paper. As many as are of that opinion, say Aye. [Hon. Members: “Aye.”] Of the contrary, No. [Interruption.] Could I have the Noes again?