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

Peter Bone Excerpts

Tuesday 19th October 2021 Commons Chamber

[Sajid Javid]

Thank you for that intervention, Mr Deputy Speaker. I think that I have been very clear not only about the history of the Act, but about the importance of Ministers coming forward for regular scrutiny to set out which provisions can be expired or suspended, or if expiry or suspension are not possible, why the provisions are necessary. That is the purpose of our debate today.

[Mr Peter Bone (Wellingborough) (Con)]

I think the problem for the Secretary of State is how the Government acted in the past by not bringing things to the House for debate; I know that the chairman of the 1922 committee, my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady), used a lot of force to try to get them to do so. We are being asked to take something on trust from the Government when their previous behaviour towards the Act has been—how can I say it? —not very good.

--- Later in debate ---

[Jonathan Ashworth (Leicester South) (Lab/Co-op)]

We do not oppose the renewal of the Act and we will not oppose its renewal in the Division Lobby, but I do have huge sympathy with the Members who have raised concerns about the way in which the Act is scrutinised and asked questions about whether there are alternative means of putting this legislation on the statute book. The main reason we will not oppose the Act is the provision of statutory sick pay from day one and not day four, which was the case before the Act received Royal Assent. Given that we have a Chancellor who has been very keen to cut back universal credit, I am not convinced that if the Act fell today the Chancellor would carry on paying statutory sick pay from day one, and would find time to introduce an appropriate Bill. However, I urge Ministers to try to find a better way for the Act to be scrutinised.

Let us think back to March 2020—and I remember it well. A deathly silence was falling upon our streets, as we knew that a deadly pandemic was set to spread with ferocity. We knew that the House had to act with urgency and haste. Indeed, I, as shadow Health Secretary, was invited to Downing Street to meet the Prime Minister, to meet Dominic Cummings and to meet various officials, to discuss in principle agreeing to this Act on a cross-party basis. The then Health Secretary invited me to the Department of Health and Social Care on numerous occasions to sit down with him and his officials to discuss the content of the Act. We proceeded on a cross-party basis because we understood the gravity of the crisis that we were facing.

Measures were put in the Act that we had asked for, such as the provision of statutory sick pay from day one, but other measures were put in the Act that we had not asked for, although in the circumstances we were prepared to go along with them. One of the things that we asked of the Government, working with the right hon. Member for Haltemprice and Howden (Mr Davis) and other Members, was a renewal of the Act every six months, on a regular basis. From memory, I think we may have asked for a renewal every three months, but we will have to double-check with Hansard on that front. We also asked for the ability for various aspects of the Act to be expired.

Perhaps I am naive, but I did not anticipate that 18 months later the Act would be renewed again on the basis of a 90-minute debate not allowing Members to scrutinise this properly—and given the way in which the House has decided to debate it, Members cannot even table amendments and have their point of view expressed on the Order Paper. I strongly encourage the Government —the Executive who control the business of the House—to try to find a more satisfactory way in which the Act can be properly scrutinised, particularly if the Government are minded to renew it again in six months’ time rather than expire it, as was originally intended.

[Mr Bone]

The right hon. Gentleman is making a powerful argument. Given what he has said, would it not be a good idea for the Opposition to vote against the motion and perhaps defeat the Government, so that the correct procedures could be in place tomorrow?

[Jonathan Ashworth]

The hon. Gentleman tempts me. I can understand that if the Act fell, there would be time for alternative provisions to be put in place, but I am afraid I do not have confidence in the continuation of this particular Treasury, which is keen to find savings in the public finances, to provide statutory sick pay from day one. Voting down the Act today would be voting down statutory sick pay from day one, and I do not want to see the Government revert to providing it from day four. That is why, although I have sympathy with the hon. Gentleman’s point, I am not prepared to vote down the Act.