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

Baroness Winterton of Doncaster Excerpts

Tuesday 19th October 2021 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

There is a limited amount of time for this debate, which needs to finish at 4.31 pm, and I want to give the Minister 10 minutes to respond. There are more people standing than indicated to the Speaker’s Office that they wanted to speak, which means there is even more pressure on time. I ask hon. and right hon. Members to confine their speeches to five minutes.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

In order to be helpful, I will impose a five-minute limit. If colleagues take less than that, we will definitely get everybody in.

[Chris Green (Bolton West) (Con)]

We are in a profoundly different place from where we were 19 months ago when we entered the pandemic and went through a series of lockdowns. The medicines that doctors use and prescribe and the procedures that are in place are all profoundly improved. The vaccination programme has been a revelation thanks to the quality, the range and the roll-out of the vaccines. We must recognise that, today, we are in a profoundly different situation from where we were right at the beginning. We just have to look at the third wave that we are going through at the moment and at the connection between infections, hospitalisations and deaths. Those rates are fundamentally different from those in the first and second waves, so we should be taking a profoundly different approach to dealing with this virus.

All variants of concern are defeated by our vaccines at the moment, and we have every expectation that that will continue to be the case into the future. By maintaining the Coronavirus Act 2020, but with perhaps a limited number of provisions, we maintain the fundamental approach to dealing with this virus. Society as a whole and the civil service more narrowly are still looking at this challenge in the same way, and there is not, in that sense, a change of mindset.

We are approaching what will be a tough winter. No matter what happens, we will have a very difficult winter. That may be due to the coronavirus itself or to influenza, but it will also be due to the very significant build-up in waiting lists and in conditions that should have been investigated 18 months ago. We know that these cases are building up and that it will create a huge amount of pressure on the national health service.

I want to focus today on the care sector. Some 18 or 19 months ago, we would have had cross-party consensus on the fact that the care sector needed fundamental reform. That is far more true today than it was back then. It is clear that the care sector needs far more resources today than it needed then. There is a shortfall of about 100,000 carers. With the compulsory vaccination approach that has been taken in the care sector, the Government are expecting another 40,000 carers to leave. That will create huge problems not only for the carers, but for the residents themselves.

In my constituency, the care sector is already under tremendous pressure. Some people are leaving because of the pressure that they are under, and some because they choose not to be vaccinated. Some of them are finding employment in the national health service. They are leaving the care sector and going into the national health service to provide care there, but at some point we may be imposing vaccinations in the national health service as well. We do not know how many will leave the NHS at that stage, but if vaccinations in the NHS stand at about 90%, we could be looking at a loss of more than 100,000 people.

We have concerns about people being transferred out of care in the national health service and into the care sector. We know that the situation is going to get substantially worse as we go through the winter and more carers leave the care sector, but we do not yet know when the same approach will be imposed on the national health service. I therefore ask the Minister: what is the Department’s thinking at the moment? When will we impose compulsory vaccination on the NHS, just as has been imposed on the care sector, and what impact will that have?

We need a fundamental reset in our approach to dealing with the coronavirus. The circumstances are fundamentally different now, because of medical advances and so many other things. We have the opportunity to reverse the decision on the care sector. We want to keep carers caring where they want to be caring. We ought not to be imposing this decision now, because in a couple of weeks it is going to be too late. I am concerned about plan B and the possibility of ID cards or covid passes—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We need to move on.

[Dawn Butler (Brent Central) (Lab)]

Today really feels like groundhog day. The Government are again pushing through the Coronavirus Act with no scrutiny from Parliament. I do not know what it is about this authoritarian Act that the Government love to push through. Some 18 months ago, the Bill was nodded through—understandably, in a way, but it was never, ever proportionate. As the Secretary of State said, it was fast-tracked legislation. It contained really draconian powers, including the powers to postpone elections, close borders, detain people not suspected of a crime, ban gatherings and remove safeguards for disabled people. This is the mother of all Parliaments and we should always have the opportunity to scrutinise Government legislation. That is what we are elected to do. This all-or-nothing approach does not wash; it is wrong.

As a parliamentarian, I want to get my control back. I want to get back my powers to scrutinise the Government. The Government should not be the sole decider of legislation. We live in a democracy, not an autocracy. The Government should not be making all the rules themselves. That said, I am pleased that some of the most draconian parts of the Act have now been expired. I had a meeting with the Minister and am pleased that she listened to my concerns. Section 51 and schedule 21 —the powers relating to potentially infectious persons—have now been removed. As has been said, every single charge under schedule 21 was wrongful. Those 292 charges were incorrect, and that meant 292 distressed people who were already distressed during the pandemic.

We have to make sure that the Bill is fit for purpose, and ultimately it is not. It therefore needs to be scrapped and there needs to be a new Bill. I am already the sponsor of a Bill that has been presented to the House: the Coronavirus (No. 2) Bill. If we were to vote down this Act today, we would have 21 days to bring forward a new Bill. There is already one that is ready—oven-ready, some might say. [Interruption.] You liked that, did you? My Bill is properly ready to go.

This Government have proved time and again that they cannot be trusted. It is one rule for them and one for us. The latest person that we found had broken the rules was the Prime Minister himself, as his wife’s best friend went around to theirs for Christmas dinner, while other people dined alone throughout Christmas. As I have said, if we voted down this Act, we would have 21 days to bring a new Bill to the Floor of the House. We can do that and we can do it quickly.

I congratulate the Secretary of State on his new role and I appeal to him to consider one more vital change. I urge the Government to review every fixed-penalty notice issued under the coronavirus and public health regulations, and to establish an appeals mechanism, because people cannot appeal at the moment. Between March 2020 and June 2021, the police processed 117,213 fines. Let us not forget that we had no chance to scrutinise provisions when the Government raised fines from £960 to £10,000. The Guardian revealed that people of colour were 54% more likely to be fined than white people. I say to colleagues in all parts of the House that we should never be forced into an all-or-nothing approach when it comes to legislation. That is not our job. We are parliamentarians and we need to scrutinise legislation. Twenty-one days is enough time to consider better legislation. As we have the Coronavirus (No. 2) Bill, based on Liberty’s “Protect Everyone Bill”, I say to every single Member of this House that we can do that.

I am clear that we need to repeal and replace the Coronavirus Act not just because it is dangerous with regard to our rights and our liberties, or because it served the purpose that it was meant to 18 months ago, but because we must do better. We must learn the lessons. I am part of the Science and Technology Committee and there is a joint report that says that this Government have failed on so many occasions. This is an opportunity where we can do better and where this Government can do better. Let us do better, not just for us but for the country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am going to reduce the limit to four minutes but it should stay at four minutes if I do it now.

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[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?

[Sir Desmond Swayne]

No!

[Madam Deputy Speaker]

I am afraid I fear the mood of the House is not to have a vote. The right hon. Gentleman would have to rustle up a few more people to really get the sense that we required a vote—

[Sir Desmond Swayne]

The just shall live by faith.

[Madam Deputy Speaker]

I am sure they will. The Ayes have it.

Question put and agreed to.

Resolved,

That the temporary provisions of the Coronavirus Act 2020 should not yet expire.