Question to the Department for Transport:

To ask the Secretary of State for Transport, what degree of parliamentary scrutiny applies to emergency transport orders enacted during sudden national blockades.

In the circumstances of a blockade, different legal powers and options will apply depending on the mode of transport. This could include police action, injunctions sought via the courts, or it might also mean exercising existing legislative powers. For example, unauthorised blockades of a public road will likely constitute an obstruction offence under the Highways Act and/or the Road Traffic Act and may give rise to enforcement action.

A traffic authority may also approve for a road to be blocked in an emergency using a temporary traffic regulation order, under s14 of the Road Traffic Regulation Act 1984, for example where the emergency relates to: “works, likelihood of danger or serious damage to the road’, or under s22C(4): “ for a purpose related to danger or damage connect with terrorism". These are administrative orders and are not subject to parliamentary scrutiny.

The Civil Contingencies Act 2004 contains emergency powers that are only to be used in the most extreme circumstances. Emergency Orders are made as Orders in Council or can be made directly by the Minister where this must be brought forward urgently. An emergency order is subject to parliamentary scrutiny.