Coronavirus Bill Debate
Full Debate: Read Full DebateDepartment: Department of Health and Social Care
Chris Bryant
Main Page: Chris Bryant (Labour - Rhondda)Department Debates - View all Chris Bryant's debates with the Department of Health and Social Care
Coronavirus Bill
Chris Bryant ExcerptsMonday 23rd March 2020
(4 years ago)
Commons ChamberRead Full debate Coronavirus Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 23 March 2020 - (23 Mar 2020)
Matt Hancock
Yes. If the right hon. Gentleman emails me with the details, we will get right on to it. He refers to bureaucratic barriers; we of course have to make sure that people are able to do the work that is necessary, but we have already shown in the Bill that we are willing not only to bring people back into service but to put into service those who are towards the end of their training, to make sure that we get as many people as possible in full service. I absolutely want to pick up on the right hon. Gentleman’s proposal and take it up with the General Medical Council or the relevant regulator to see whether we can find a way through for the period of this crisis.
Chris Bryant (Rhondda) (Lab)
I wonder whether the Secretary of State may not need an additional power in relation to the Home Office being able to waive fees for tier 2 and tier 5 visas for foreign nationals who are already working in the NHS and are about to have to renew their status in this country, or for those who have been studying as students.
Matt Hancock
It is already within NHS trusts’ power to pay those visa fees if it is necessary.
Matt Hancock
I very much hope that they will not be. The medical examiners regime is very successful, and as the right hon. Gentleman says, we are expanding it across the country. We do not deem that necessary, not least because we think that we can expand it if necessary. We do not think that there is a need for statutory change in an area that is improving.
Chris Bryant
There may be instances where it is impossible to allow for a normal funeral in the way that one is used to. There might have to be mass funerals or, for that matter, instances where just one person is allowed to attend, apart from the celebrant. I wonder whether it might be possible to ensure that in all local authorities, and in particular crematoria, it is possible to film such moments, so that loved ones at least have an opportunity to feel that they are engaged online, if not in person.
Matt Hancock
I know that the hon. Gentleman speaks from experience of having presided over these events. That is available—increasingly so—and I entirely understand why many people would want that.
The fifth and final part of the Bill includes measures to protect and support people through this crisis. This is not an exhaustive list of everything we plan to do, but the principle is that no one should be punished for doing the right thing and self-isolating if they or someone in their household has symptoms. To make that happen, the Bill will ensure that statutory sick pay is paid from day one, and this will be applied retrospectively from 13 March. Small businesses with fewer than 250 employees will get a full refund for sick pay relating to coronavirus during the course of the emergency. Finally, the Bill will require industry to provide information about food supplies. That all comes alongside our plan for people’s jobs and incomes announced by the Chancellor on Friday.
The Bill allows the four UK Governments to activate these powers when they are needed and to deactivate them when they are no longer needed. We ask for these powers as a whole to protect life. We will relinquish them as soon as the threat to life from coronavirus has passed. This Bill means that we can do the right thing at the right time, guided by the best possible science. That science gets better every day. This disease can isolate us, but it cannot separate us from the ties that bind us together. With patience and resolve, with the painstaking use of data and evidence, and with the whole nation working together as one United Kingdom, we will get through this. I commend the Bill to the House.
Jonathan Ashworth
The hon. Gentleman makes a good point, and I totally agree that that is an absolute disgrace. I hope that the Government will look into that, because although foodbanks should not be necessary in this day and age, we know that they are vital and I hope that the Government can resolve that swiftly.
I was originally answering the point made by the right hon. Member for South West Wiltshire so long ago: we would support the Government if they came forward with such proposals, but suppressing and defeating the virus is about more than just so-called lockdowns and enforcement. We need more testing, we need more contact tracing and we need more isolation to break the chains of transmission. The World Health Organisation has famously instructed the world to test, test, test—and we agree. Labour has called for testing for the virus to be carried out in our communities on a mass scale, starting with NHS and care staff as a priority. We urge the Government rapidly to scale up testing and we thank all NHS lab staff and PHE staff who are working so hard.
For example, could the Government consider what is happening in the Republic of Ireland, where there are 35 community testing facilities in operation? They have six more planned, and the largest, in Croke Park stadium in Dublin, provides a drive-through service that tests 1,000 people a day.
Chris Bryant
I completely agree with my hon. Friend on the need, in particular, to protect all key workers and to therefore make sure that there is testing available for them. Is it not important that at the same time we make sure that path labs have enough resources and capacity to be able to be able, for instance, to do cancer biopsies and get them back to people fast enough, because all those other conditions and diseases that are very time-critical will be just as important?
Jonathan Ashworth
My hon. Friend is absolutely right. Path lab and virology labs are under intense pressure, because not only are they being asked to test for covid-19 but they have other testing responsibilities as well, whether that is for HIV, influenza, measles or all the other illnesses that are still circulating and still need to be treated. He makes a very important point.
I hope that Ministers can update us on testing capacity, because looking at the figures it appears that between 21 and 22 March, we did around 5,500 tests, but the previous day we did 8,400 and the day before that about 8,100. I am told that many labs at hospitals have not been able to start testing or are testing at under planned capacity because there are now supply chain issues with the chemicals that are used and the kits to do the testing. If this is the case, could the Government update the House on what they are doing urgently to procure the testing kits we need, and explain why we are not part of the EU joint procurement initiative on testing kits and other equipment?
I emphasise the point I have made in this House before that we really need to be testing our NHS staff. Not testing NHS staff puts them at risk and it puts their patients at risk. This weekend, we heard powerful messages from doctors who were literally shouting out for help and telling us they feel like lambs to the slaughter because of failures in the distribution of protective kit and because they are not able to get access to testing. I have heard of GPs—indeed, GPs have got in touch with me directly telling me this going to DIY stores to make their own PPE kit. It has been reported today that one of the healthcare distribution chains has put out a call to DIY stores asking them to donate or hand over their visors and goggles.
Pharmacists are worried that they cannot get through to CCGs to get appropriate PPE when sick patients are walking through the door daily asking for advice. We have heard stories of community nurses, health visitors and paramedics without PPE. Indeed, The Daily Telegraph reports today about staff at Norwick Park Hospital being forced to wear bin bags because of a lack of PPE.
The health, happiness and lives of our constituents, and of their loved ones and neighbours, depend on our NHS staff now more than ever. We should not expect our NHS staff to go into battle exposed and not fully protected—lacking the armour they desperately need. If more PPE has been delivered in the last 24 hours, as the Secretary of State indicated, then we welcome that, but to be frank, it should not have taken so long. Our NHS staff deserve every ounce of support we can offer, and on that front, will Ministers also consider binning hospital car parking charges for NHS staff at this time of crisis?
Those working in critical services more widely—our police, our careworkers, our postal workers—need appropriate protective clothing too. We urge the Government to ensure that all public services can access the appropriate PPE speedily. For example, in The Sunday Times yesterday, it was reported that flights continue to arrive at Heathrow from Italy, Iran and China. Those flights are obviously coming from hotspots—perhaps Ministers could explain why that is still happening—but what protections are being afforded to airline and airport workers, and what measures are in place for those passengers on arrival? On the tube and on the train, there is real worry that services are being reduced too steeply, causing our key workers to get on to crowded carriages and putting everyone at risk. What assurances can Ministers give us that there is a sufficiency of public transport services to get our frontline workers safely to their workplace?
Let me turn to some of the specifics in the Bill, and first to the health and social care clauses. On the health clauses—the hon. Member for Twickenham (Munira Wilson) raised this with the Secretary of State—the Bill makes provisions for retired staff and final-year medical and nursing students to rejoin or join the health service for the duration of the pandemic. We understand why, and we welcome this. Can Ministers tell the House, either in response to the debate or in Committee, whether final-year nursing and medical students will be able to return to learning and complete more supported clinical placements, if needed, once the crisis is over? Will Ministers also outline how these students will be fully supported while working during what will undoubtedly be an incredibly stressful time for new doctors and nurses? Will students be properly remunerated for their work, and what protections will be available for retired staff, many of whom could also be in a vulnerable group? I put on record our thanks to those retired staff who have returned to the frontline.
Some of the most vulnerable people in the country absolutely depend on all of us here to defend their human rights and civil liberties, and they are the ones in receipt of adult social care services. On social care, this Bill makes sweeping changes to the duties that are placed on local authorities. It removes the duty to assess care needs, including on discharge from hospital, so there will be no duty to assess people who may need care or to assess their carers, and no duty to assess some of those with the most severe needs who may be eligible for continuing healthcare. Can Ministers reassure us that this will not mean that carers, disabled people and older people are left abandoned by the state until after this crisis?
Most significantly, the Bill downgrades the level of support that councils are obliged to provide to older and disabled people. Rather than the current wellbeing measures, councils will now have to provide services where necessary to uphold people’s basic human rights. In short, this means people will only be entitled to receive social care to keep them alive and to uphold their rights to privacy and a family life. Obviously, that is not the vision for social care that we legislated for in 2014, but we all appreciate that these are incredibly difficult times.
Many older and disabled people, and their families, will be concerned that this will lead to existing care packages being significantly reduced overnight. Local authorities are already struggling to meet statutory needs, and increasing levels of workforce absence will only make that harder. None of us wants to see the new legal minimum of support become the default. Where local authorities can provide more comprehensive packages of support, they should, and they should always bear in mind that people who use social care are not simply passive recipients; there are doctors and nurses who rely on social care, as well as teachers, shop staff, food manufacturers and countless other vital professionals. When councils reduce care packages, they must be careful not to end up causing yet more difficulties for staff in crucial services.
Chris Bryant (Rhondda) (Lab)
May I warmly commend the hon. Member for High Peak (Robert Largan), who I think made a magnificent speech? He delivered it with simple earnestness and a dignity that will commend him to many Members of this House. It is a sad moment, is it not, when one thinks that being an MP is the most secure job around. He was quite right to say not only what he said about no party having a monopoly on truth—ideological purity rarely does anybody any favours—but what he said about being an independently minded Member. I warmly commend everything that he said.
However, I completely despair of some of the scenes that I have seen from our fellow citizens over the last few days. The panic buying—the hoarding, frankly—of essential goods, which will therefore be denied to many people who most need them, including our key workers, is a disgrace. It is born out of selfishness and it must stop. People ignoring advice—because somehow or other they think that they will be immune to the disease or that it will only affect some other people—is, again, an instance of massive selfishness, and it really must stop. I am sick and tired of people saying that they know better than all the experts. The number of armchair epidemiologists and virologists in this country seems to have grown dramatically without any evidence of qualification.
I hate the idea that there are companies that are actively profiteering in this country. It was a criminal offence in the war and it should be a criminal offence now. I hate the scam merchants who are going round preying on the vulnerable at the moment, which is why it is all the more important that local councils run proper schemes for volunteer forces, so that if somebody knocks at the door, an elderly person can know that they are getting the right person.
I hate the way that some of our police have been treated in the last few days—spat at and coughed over deliberately, as an offensive weapon as it were, when they have merely been trying to prevent people from gathering, in the way that the Government have been advising. This goes back to what we have been trying to do for the last few years to stop assaults on our emergency workers, and I bet my bottom dollar that there will be more assaults on emergency workers during this process. This must come to an end. We as a nation must show the best side of our humanity, not the worst side of our humanity.
And I am sorry, but to those politicians in various different countries around the world who have somehow or other tried to dismiss the experts, including those who have dismissed the idea of vaccination over the last few years, I say this: you are dangerous and you must stop it. People will die because of your misinformation.
This is, of course, a draconian Bill, for two main reasons. First, it suspends lots of protections for individuals, such as who is able to certify a death. I know why the provision is there, but, frankly, the idea that in the end it could end up just being a funeral director certifying a death is worrying, let alone the provisions in relation to sectioning under the Mental Health Act 1983. The Bill also gives Ministers the power to impose significant restrictions, which we all know are draconian. On top of that, the Attorney General rang me—I am grateful for the phone call the other day—
Chris Bryant
All right. Let us stand on these things; they are the ones that matter. The Solicitor General rang me the other day and made the important point that we are suspending, very unusually, the normal process in allowing Ministers to switch powers on and off. All of these things are extraordinary in peacetime.
There are some things we have to do simultaneously, and they have to happen at the same time. First, there must be a deal for sole traders and the self-employed. I have had people ringing up my office in floods of tears worrying about how they are going to make ends meet over the next few weeks, and they need an answer to that urgently. Undoubtedly, because of the ludicrous misbehaviour of so many of our fellow citizens in the past few days, we will have to move forward with enforced measures. That must happen, but it cannot happen before the Government put in place provisions for sole traders and the self-employed.
We have to put much more protection in place for our NHS staff. Every single fashion brand in this country, from Marks and Spencer through to Burberry, should be ringing up the Government now to say, “What can we do to provide more personal protective equipment for staff?” Many local councils, including my own, have hardly a stitch to give their key workers. We need to give them that protection.
Several hon. Members rose—
Chris Bryant
Main Page: Chris Bryant (Labour - Rhondda)Department Debates - View all Chris Bryant's debates with the HM Treasury
Coronavirus Bill
Chris Bryant ExcerptsMonday 23rd March 2020
(4 years ago)
Commons ChamberRead Full debate Coronavirus Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 23 March 2020 - (23 Mar 2020)
The Chairman
With this it will be convenient to discuss the following:
Clauses 2 to 7 stand part.
Amendment 74, in clause 8, page 2, line 29, leave out “loss of”.
Amendment 75, page 2, line 34, leave out subsection (3).
Amendment 76, page 3, leave out from “care” in line 27 to the end of line 31.
Clauses 8 to 10 stand part.
Government amendment 20.
Clauses 11 to 30 stand part.
Government amendments 21 and 22.
Clauses 31 to 36 stand part.
Government amendment 40.
Clause 37 stand part.
Amendment 78, in clause 38, page 25, line 43, at end insert—
“(8) Section 153(9) is repealed.”
This amendment would abolish the lower earnings limit (currently £118pw) below which a worker is not entitled to statutory sick pay.
Clause 38 stand part.
Amendment 77, in clause 39, page 26, line 12, at end insert
“and, in particular such regulations shall deem ‘a day of incapacity’ in this part of the Act to include—
“(i) a day of self-isolation in accordance with the aforesaid guidance or published document of the aforesaid bodies;
(ii) a day reasonably necessitated to care for a person needing such care who—
(a) is suffering from severe respiratory syndrome coronavirus 2 or other communicable disease; or
(b) is self-isolating in accordance with the aforesaid guidance or published document of the aforesaid bodies; or
(c) is unable sufficiently to care for themselves and who is unable to attend an establishment or a carer who would otherwise provide care but is unable to do so by reason that the establishment or the carer is acting in accordance with the aforesaid guidance or published document of the aforesaid bodies or is unable to provide that care because others are acting in accordance with the aforesaid guidance or published document of the aforesaid bodies;
(d) qualifies for time off pursuant to s.57A Employment Rights Act 1996 (time off for dependants).”
Clause 39 stand part.
Government amendment 41.
Clauses 40 to 51 stand part.
Government amendment 79.
Clauses 52 to 57 stand part.
Government amendment 26.
Clauses 58 and 59 stand part.
Government amendments 27 to 29.
Clauses 60 to 62 stand part.
Government amendment 30.
Clause 63 stand part.
Government amendments 31 and 32.
Clauses 64 to 73 stand part.
Government amendments 33 and 23.
Clause 74 stand part.
Amendment 1, in clause 75, page 45, line 25, leave out subsection (1) and insert—
“(1) This Act expires at the end of the period of 6 months beginning with the date on which it is passed (subject to subsection (1A)).
(1A) The Secretary of State may by regulations provide for this Act (or specified provisions) to continue to have effect for an additional period not exceeding 6 months.
(1B) Regulations under subsection (1A)—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(1C) If this Act (or specified provisions) would expire on a day on which either House of Parliament is not expected to be sitting—
(a) Her Majesty may by Order in Council make provision of a kind that could be made by regulations under subsection (1A); and
(b) an Order in Council may not be made unless the Secretary of State has consulted—
(i) such members of the House of Commons Liaison Committee (or any Select Committee replacing that Committee) as are available, or
(ii) at a time when there is no such Committee, any available Chairs of the Committees previously represented on that Committee.”
Amendment 2, page 45, line 25, after “expires”, insert
“in accordance with subsection (1A) or”.
This is a paving amendment for amendment 4 which provides for the Bill’s emergency powers to be renewed at 6 month intervals.
Amendment 6, page 45, line 25, leave out “2 years” and insert “12 months”.
This amendment would “sunset” the provisions of the Bill after one year rather than after two years.
Amendment 3, page 45, line 26, after “subject” insert “in either case”.
This is a paving amendment for amendment 4 which provides for the Bill’s emergency powers to be renewed at 6 month intervals.
Amendment 7, page 45, line 26, leave out “and section 76”.
This amendment is linked to amendment 8 to leave out Clause 76.
Amendment 4, page 45, line 26, at end insert—
“(1A) No more than 14 sitting days before the end of the periods of 6, 12 and 18 months beginning with the day on which this Act is passed each House of Parliament shall consider, on a motion moved by a minister of the Crown, whether it wishes this Act to continue to have effect after the expiry of that period; and this Act shall expire at the end of that period unless, no less than 7 sitting days before the end of that period, each House of Parliament has resolved that it wishes this Act to continue to have effect.”
This amendment provides for the Bill’s emergency powers to be renewed at 6 month intervals.
Government amendments 34, 24 and 47.
Clauses 75 to 78 stand part.
Government amendment 37.
Clauses 79 to 82 stand part.
Government amendment 18.
Clauses 83 and 84 stand part.
Government amendments 44, 48, 80, 25, 48 to 50, 38, 39, 81, 35, 36, 42, 45, 72, 43 and 73.
Clauses 85 to 87 stand part.
Government new clause 15—Emergency arrangements concerning medical practitioners: Wales.
Government new clause 16—Disapplication of limit under section 8 of the Industrial Development Act 1982.
Government new clause 17—Elections and referendums due to be held in England in period after 15 March 2020.
Government new clause 18—Elections due to be held in Wales in period after 15 March 2020.
Government new clause 19—Six-monthly parliamentary review.
Government new clause 20—Local authority meetings.
Government new clause 21—Extension of BID arrangements: England.
Government new clause 22—Extension of BID arrangements: Northern Ireland.
Government new clause 23—Extension of time limits for retention of fingerprints and DNA profiles.
Government new clause 24—Residential tenancies: protection from eviction.
Government new clause 25—HMRC functions.
Government new clause 26—Up-rating of working tax credit etc
Government new clause 30—Business tenancies in England and Wales: protection from forfeiture etc.
Government new clause 31—Business tenancies in Northern Ireland: protection from forfeiture etc.
New clause 1—Postponement of General Synod elections—
‘(1) Her Majesty may by Order in Council, at the joint request of the Archbishops of Canterbury and York, postpone to the date specified in the Order the date on which the Convocations of Canterbury and York stand dissolved for the purposes of the Church of England Convocations Act 1966.
(2) Section 1 of that Act is, accordingly, to be read subject to provision made by an Order under this section.
(3) If either of the Archbishops is unable to exercise the power to join in making a request under subsection (1), or if the see of either of the Archbishops is vacant, the power may be exercised by the senior bishop of the province, with seniority for that purpose being determined in accordance with section 10(4) of the Bishops (Retirement) Measure 1986.
(4) An Order under this section may make consequential, supplementary, incidental, transitional or saving provision.’
The new clause would enable elections to the General Synod of the Church of England that are due to take place this summer to be postponed.
New clause 2—Parliamentary consideration of status of specified provisions of this Act—
‘(1) The specified provisions for the purposes of this section are—
(a) sections 17 to 20 (on registration of births and still-births etc),
(b) sections 23 to 27 (on food supply),
(c) sections 28 to 30 (on inquests),
(d) section 48 (on powers to direct suspension of port operations),
(e) section 49 (powers relating to potentially infectious persons),
(f) section 50 (powers relating to events, gatherings and premises), and
(g) section 56 (on powers in relation to bodies).
(2) A Minister of the Crown must make arrangements for—
(a) a motion to the effect that the House of Commons has approved the status report in respect of the provisions of this Act mentioned in each of the paragraphs in subsection (1), to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the first reporting period, and
(b) a motion for the House of Lords to take note of each status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the first reporting period.
(3) If the House of Commons decides not to approve a status report in respect of any of the sections mentioned in one or more paragraphs of subsection (1), then the sections in respect of which a status report has not been approved shall cease to have effect at the end of 7 days beginning with the day on which the House of Commons made that decision.
(4) The “status report” is the report required to be prepared by the Secretary of State under section 83 in respect of each 2 month reporting period, as modified by this section.
(5) In this section—
“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);
“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);
“reporting period” has the same meaning as in section 83.’
This new clause provides for debates to be held promptly on amendable motions on the status reports laid every 2 months in relation to provisions of the Bill impinging most directly on civil liberties, with the possibility of the House of Commons terminating the exercise of powers under those provisions.
New clause 3—Parliamentary scrutiny: status report on specified matters—
‘(1) If when a status report to which section [Parliamentary consideration of status of specified provisions of this Act] applies is made under section 83 Parliament stands prorogued to a day after the end of the period of 5 days beginning with the date on which the status report is laid before Parliament, Her Majesty shall by proclamation under the Meeting of Parliament Act 1797 (c. 127) require Parliament to meet on a specified day within that period.
(2) If when a status report to which section [Parliamentary consideration of status of specified provisions of this Act] applies is made under section 83 the House of Commons stands adjourned to a day after the end of the period of 5 days beginning with the date on which the regulations are made, the Speaker of the House of Commons shall arrange for the House to meet on a day during that period.
(3) If when a status report to which section [Parliamentary consideration of status of specified provisions of this Act] applies is made under section 83 the House of Lords stands adjourned to a day after the end of the period of 5 days beginning with the date on which the regulations are made, the Speaker of the House of Lords shall arrange for the House to meet on a day during that period.
(4) In subsections (2) and (3) a reference to the Speaker of the House of Commons or the Speaker of the House of Lords includes a reference to a person authorised by Standing Orders of the House of Commons or of the House of Lords to act in place of the Speaker of the House of Commons or the Speaker of the House of Lords in respect of the recall of the House during adjournment.’
This new clause provides for Parliament to be recalled from adjournment or prorogation to debate status reports which must be made every 2 months under Clause 83 of the Bill.
New clause 4—Duty to support basic means of living—
‘The Prime Minister must make, and lay before Parliament, arrangements to ensure that everyone in the United Kingdom has access to the basic means of living including food, water, fuel, clothing, income and housing, employing all available statutory and prerogative powers.’
This new clause sets an overarching responsibility for the Government to use all its powers to ensure that everyone in the United Kingdom has access to the basic means of living throughout the present coronavirus emergency.
New clause 5—Guidance on identification, support and assistance for victims of slavery or human trafficking during the coronavirus emergency—
‘(1) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about continuing the process for identifying persons in the United Kingdom who may be a victim of slavery or human trafficking during the coronavirus emergency.
(2) The Secretary of State must issue guidance to such public authorities and other persons in England and Wales as the Secretary of State considers appropriate about continuing arrangements for providing assistance and support to persons during the coronavirus emergency where there—
(a) are reasonable grounds to believe the person may be a victim of slavery or human trafficking; and
(b) is a conclusive determination that the person is a victim of slavery or human trafficking.
(3) The guidance in subsection (2) must include—
(a) whether a victim who is on immigration bail must remain at an address where another occupant is experiencing the coronavirus disease;
(b) on-going provision of a support worker to victims and the ability of the victim to receive financial support, where either a support worker or a victim has the coronavirus disease or has had to self-isolate;
(c) provision of accommodation for victims who may need to leave current accommodation because of concerns about the coronavirus disease; and
(d) provision of accommodation for victims who have the coronavirus disease.
(4) The Secretary of State must liaise with the Northern Ireland Executive and Scottish Ministers about how the guidance issued under subsection (2) may have relevance for the support and assistance of victims in those jurisdictions.
(5) For the purposes of subsection (2)—
(a) there are reasonable grounds to believe that a person is a victim of slavery or human trafficking if a competent authority has determined for the purposes of Article 10 of the Trafficking Convention (identification of victims) that there are such grounds;
(b) there is a conclusive determination that a person is or is not a victim of slavery or human trafficking when, on completion of the identification process required by Article 10 of the Trafficking Convention, a competent authority concludes that the person is or is not such a victim.
(c) “competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings.’
This new clause requires the Government to set out its plans for continuing to identify and support victims of modern slavery during the coronavirus emergency.
New clause 6—Powers relating to transport for isolated and island communities—
‘(1) The Secretary of State, or relevant Minister in the devolved Administrations, may issue a direction to such ferry, bus and rail operators as the Secretary of State or relevant Minister thinks fit to—
(a) work together to produce a plan for the continuing provision of a resilient transport service to isolated and island communities; and
(b) implement the plan to a timescale specified by the Secretary of State or relevant Minister.
(2) The plan in subsection (1)(a) must cover—
(a) the provision of food, medicines and other essential goods; and
(b) the provision of passenger transportation to enable people to travel for essential purposes, including medical purposes.
(3) The direction in subsection (1) supersedes all existing legislation, including but not limited to the Competition Act 1998, that would otherwise prevent operators from working together in the ways set out in subsections (1) and (2).
(4) The direction in subsection (1) must be given in writing to the ferry, bus and rail operators concerned.
(5) In this section “isolated communities” means:
(a) islands that are part of the United Kingdom but are not connected to the mainland by a bridge or tunnel, or
(b) communities with a population density of less than 100 people per kilometre.’
New clause 7—Immigration and Asylum—
‘Schedule ( ) contains temporary changes to immigration and asylum laws and procedures for the purposes of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.’
This new clause is linked to NS1.
New clause 8—Provision of education to pupils no longer attending school—
‘(1) A school or provider of 16 to 18 education that closes because of the coronavirus outbreak, whether because of a temporary closure direction issued under Schedule 15 or otherwise, has a duty to ensure that its pupils continue to receive educational provision.
(2) The educational provision in subsection (1) may include—
(a) lessons set by a teacher, such as via videoconferencing or the setting of assignments, or
(b) teaching resources, including but not limited to textbooks or software.
(3) The Secretary of State must, as soon as is reasonably practicable, indemnify the school or provider of 16 to 18 education for all reasonable purchases of teaching resources for pupils and staff that the head of the school or provider of 16 to 18 education considers necessary for it to fulfil the duty in subsection (1).
(4) In this section, “provider of 16 to 18 education” means
(a) a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;
(b) an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;
(c) a provider of post-16 education or training—
(i) to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, and
(ii) in respect of which funding is provided by, or under, arrangements made by the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees.’
New clause 9—Social security—
‘(1) The Secretary of State must, by regulations —
(a) increase the value of the benefits specified in subsection (2) so that, for the tax year beginning on 6 April 2020—
(i) an individual not in work will be awarded at least £150 per week, and
(ii) a couple who are both not in work will be awarded at least £260 a week.
(b) disapply the minimum income floor of universal credit for the tax year beginning on 6 April 2020;
(c) provide that, for the tax year beginning on 6 April 2020—
(i) households newly claiming universal credit receive an advance of their first payment by default, and
(ii) households in sub-paragraph (i) are not required to repay any part of this advance for a period of at least six months beginning with the date on which they received the advance; and
(d) make provision to ensure that claimants of universal credit, jobseeker’s allowance and Employment and Support Allowance are not subject to sanctions in the tax year beginning on 6 April 2020.
(2) The benefits to be increased under subsection (1)(a) are—
(a) the standard allowances of universal credit,
(b) jobseeker’s allowance, and
(c) employment and support allowance.
(3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’
New clause 10—Expiry—
‘(1) Except so far as otherwise provided under this section, the provisions of this Act expire at the end of the period of 3 months beginning with the day on which this Act is passed.
(2) The Secretary of State may by regulations provide that any provisions of this Act do not expire at the time when it would otherwise expire under subsection (1) but is to continue in force after that time for a period not exceeding 3 months.
(3) The power under subsection (2) may not be used to continue any of the provisions of this Act in force any later than a period of 2 years beginning with the day on which this Act is passed.
(4) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.’
The new clause would set an expiry date on the provisions of the Act at the end of a period of 3 months beginning on the day when the Act is passed unless they are continued in force by means of affirmative regulations. Provisions could continue in force for no longer than 3 months at a time, up to a period of 2 years from when the Act was initially passed.
New clause 11—Statutory sick pay: rate of payment—
‘The Social Security Contributions and Benefits Act 1992 is amended as follows:
“In section 157, subsection (1), leave out “£94.25” and insert “£220”.”’
This new clause would increase the weekly rate of Statutory Sick Pay from £94.25 to £220.
New clause 12—European Union: extension of implementation period etc—
‘(1) Section 33 of the European Union (Withdrawal Agreement) Act 2020 is repealed.
(2) It shall be an objective of the Government to secure a decision by the UK-EU Joint Committee to extend the transition period for up to 1 or 2 years as per Article 132 of the Withdrawal Agreement.
(3) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to maintain continued and full membership of the EU Early Warning System.
(4) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) and subsection (2) within 2 months of this Act being passed, and subsequently at intervals of no more than 2 months.’
This new clause would require the Government to (i) repeal Section 33 of the European Union (Withdrawal Agreement) Act 2020, (ii) seek an extension of the negotiation period for the UK-EU future relationship, and (iii) seek to maintain continued and full membership of the EU Early Warning System, in order to respond effectively to the global COVID-19 pandemic.
New clause 13—Statutory self-employment pay—
‘(1) The Secretary of State must, by regulations, introduce a scheme of Statutory Self-Employment Pay.
(2) The scheme must make provision for payments to be made out of public funds to individuals who are
(a) self-employed, or
(b) freelancers.
(3) The payments to be made in subsection (2) are to be set so that the net monthly earnings of an individual specified in subsection (2) do not fall below—
(i) 80 per cent of their monthly net earnings, averaged over the last three years, or
(ii) £2,917
whichever is lower.
(4) No payment to be made under subsection (2) shall exceed £2,917 per month.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’
The purpose of this amendment is to make the Government ‘top up’ self-employed workers’ earnings to the lower of 80% of their net monthly earnings averaged over three years, or £2,917 a month.
New clause 14—Social care provisions—
‘(1) Within 10 days of the date on which this Act is passed the Secretary of State must lay before Parliament a comprehensive report outlining how the Government will guarantee provisions for social care while this Act is in force.
(2) The reports must make reference to but are not limited to—
(a) an outline of the funding available to social care providers, and
(b) any other provisions in place or to be introduced to ensure that social care standards are maintained to as high a level as possible.
(3) The Secretary of State must lay before Parliament an updated proposal in the same terms every three months from the date on which this Act is passed.’
This new clause requires the Secretary of State to publish a comprehensive proposal outlining how the Government will guarantee provisions for social care while this Act is in force.
New clause 27—Universal access to healthcare—
‘(1) Section 39 of the Immigration Act 2014 is omitted.
(2) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain shall not include a reference to a person who is physically present in Great Britain.
(3) A reference in the NHS charging provisions to persons not ordinarily resident in Northern Ireland shall not include a reference to a person who is physically present in Northern Ireland.
(4) The “NHS charging provisions” are—
(a) section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain),
(b) section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain),
(c) section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain),
(d) article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).
(5) The Secretary of State shall cease all data sharing between the Home Office and NHS Digital, any NHS Trust, or any other part of the National Health Service where it takes place in connection with—
(a) NHS charging,
(b) the compliant environment, or
(c) any other immigration function.
(6) The Secretary of State shall take appropriate steps to communicate the effect of this section to people who, but for the provisions of this section, would have been considered under the NHS charging provisions to be persons not ordinarily resident in Great Britain or in Northern Ireland.
(7) In taking the steps in subsection (5) the Secretary of State shall have regard to the following—
(a) the public interest in and public health benefits of all persons physically present in the United Kingdom feeling safe in presenting to medical officials if they fall ill, and
(b) the particular needs and vulnerability of the groups in question.’
This new clause is intended to safeguard public health by ensuring every person in the United Kingdom is able to access NHS care without incurring a financial penalty or immigration sanction.
New clause 28—Power to cap prices—
‘(1) An appropriate authority may declare a state of disruption to the food supply chain.
(2) A state of disruption may not last longer than 180 days from the date of the declaration.
(3) During a declared state of disruption it is prohibited to charge a price that exceeds an amount equal to or in excess of 10 per cent of the average price at which the same or similar consumer goods or services were obtainable during the seven days prior to the declared state of disruption.
(4) The provisions of this section shall not apply if the increase in price is substantially attributable to additional costs that arose within the food supply chain in connection with the sale of consumer goods and services.
(5) The appropriate authority may direct trading standards officers to investigate apparent breaches of this section.
(6) If the appropriate authority is satisfied, on the balance of probabilities, that a person has, without reasonable excuse, failed to comply with this section, the appropriate authority may impose a financial penalty on that person in accordance with Schedule 14.’
New clause 29—Monitoring body: effect of Schedule 11 to this Act—
‘(1) The Secretary of State shall, within seven days of the date on which this Act is passed, appoint by order a body (‘the relevant body) to monitor the effect of Schedule 11 to this Act.
(2) The relevant body must—
(a) advise central government about the effect of Schedule 11 to this Act;
(b) recommend to central government the amendment, suspension or repeal of Schedule 11 to this Act.
(3) The relevant body must publish a report in respect of subparagraphs (1) and (2) at least once every 8 weeks during any period in which Schedule 11 is operation.
(4) In this section “central government” means Her Majesty‘s Government.’
The purpose of this new clause is to ensure that the impact of Schedule 11 is subject to appropriate monitoring and review by an appropriate body such as the Equality and Human Rights Commission.
New clause 32—Statutory sick pay: extension of entitlement—
‘The Social Security Contributions and Benefits Act 1992 has effect as if in section 163 (Interpretation of Part XI and supplementary provisions) after subsection (1) there were inserted—
“(1A) Regulations shall provide that in relation to those specified in section 151(4A)—
(a) the expression ‘employee’ shall for the purposes of Part XI of this Act mean a human person who—
(i) seeks to be engaged by another to provide labour,
(ii) is engaged by another to provide labour, or
(iii) where the employment has ceased was engaged by another to provide labour, and is not, in the provision of that labour, genuinely operating a business on his or her own account.
(b) An ‘employer’ in relation to an employee is—
(i) any person or entity who engages or engaged the employee, and
(ii) any person or entity who substantially determines terms on which the employee is engaged at any material time.
(c) ‘contract of service shall mean any contract by which the employee is engaged by another to provide labour and ‘employed’ ‘employment’ mean engaged as an ‘employee’.
(d) For the purposes of the regulations, an agency worker shall be treated as an employee of both the employment agency or employment business which arranged for him to provide labour to another and the end user of his labour; and ‘employment agency ‘ and employment business’ shall have the meanings set out in section 13 of the Employment Agencies Act 1973.
(e) It shall be for the person who is claimed to be the employer and contests that claim to show in any legal proceedings that he or she is not the employer.’
New clause 33—Statutory sick pay: self-employed people—
‘A person who is self-employed and genuinely operating a business on his or her account and who suffers losses directly attributable to the coronavirus outbreak shall be entitled to reimbursement of those losses by the Secretary of State under regulations which the Secretary of State must lay before Parliament for approval.’
New clause 34—Statutory sick pay uprating—
‘The Social Security Contributions and Benefits Act 1992 has effect as if in section 157 (rates of payment) after subsection (2) there were inserted—
“(2A) The Secretary of State shall by Order substitute the following rate of statutory sick pay for all those to whom the regulations under section 151(4A) may apply: 90 per cent of a week’s pay calculated in accordance with the provisions of sections 220 to 229 Employment Rights Act 1996, save that the maximum provided for in section 227(1) shall be for the purposes of section 2A of the Social Security Contributions and Benefits Act 1992 the sum of £577 per week and the minimum shall be the rate of the Real Living Wage multiplied by the worker’s working hours which number of hours shall be calculated in accordance with sections 220 to 229 Employment Rights Act 1996.
(2B) An employer who is entitled to reimbursement from the Secretary of State in respect of statutory sick pay or any payment under the Coronavirus Job Retention Scheme or any other grant or loan from the Secretary of State in relation to coronavirus must—
(a) not dismiss any employee for a reason which includes redundancy related to the coronavirus outbreak of 2020 and any such dismissal shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as an unfair dismissal,
(b) pay, in accordance with subsection 2A or in accordance with the scheme of the Job Retention Scheme if more beneficial to the employee, an employee who would otherwise be at risk of redundancy or is put on fewer hours work than normal for a reason related to the coronavirus outbreak of 2020,
(c) at the discretion of the Secretary of State, cease to be entitled to any further reimbursement from the Secretary of State in respect of statutory sick pay or any payment under the Coronavirus Job Retention Scheme or any other grant or loan from the Secretary of State in relation to coronavirus, and may be required to pay back some or all of any such sum received if the employer has failed to pay, in accordance with subsection 2A, an employee who would otherwise be at risk of redundancy or has dismissed an employee for a reason which includes redundancy related to the coronavirus outbreak of 2020.”’
This amendment uprates statutory sick pay to the level of 90 per cent of the worker’s normal earnings and makes provision for maximum and minimum rates.
New clause 35—Provision of personal protective equipment—
‘Without prejudice to the duties of employers pursuant to sections 2,3 and 4 of the Health and Safety etc Act 1974 and pursuant to the regulations made thereunder and their duties in common law, the Secretary of State has a duty to ensure the provision of suitable and adequate personal protective equipment to all health, care and emergency service workers who are exposed to the risk of contracting coronavirus in the normal course of their work.’
This amendment would impose a duty on the Secretary of State to ensure the provision of personal protective equipment as part of their ministerial role.
Schedules 1 to 6.
Amendment 64, in schedule 7, page 90, line 9, leave out
“is impractical or would involve undesirable delay”
and replace with “would involve unreasonable delay”.
The purpose of this amendment is to restrict the use of single practitioner recommendations to situations where this would cause unreasonable delay in the recommendation being made. This will protect patients in a way that a broader power to use single practitioner recommendations where obtaining two recommendations was said to be ‘impractical’ or involve ‘undesirable delay’ would not.
Amendment 65, in page 90, line 31, at end insert—
“(10) A single recommendation may not be made by a practitioner employed by a private sector body, if it is being contemplated that the patient may be detained in a hospital run by the relevant private sector body.”
The purpose of this amendment is to ensure that patients cannot be detained solely on the recommendation of a doctor employed by a private hospital where it is envisaged that they will or may be detained at that hospital.
Government amendments 15 and 16.
Schedules 7 to 10.
Amendment 57, in schedule 11, page 111, line 19, at end insert—
“(3) In this Part of this Schedule, the phrase “does not have to comply with any duties” means that a local authority does not have to comply with the relevant duty only if it would not be reasonably practicable to do so.”
The purpose of this amendment, along with amendments 58 and 59, is to require local authorities to discharge their Care Act duties and in particular meet needs for care and support which would currently be ‘eligible’ needs where it is reasonably practicable for them to do so. This will provide a measure of protection to disabled people while permitting local authorities to take account of all relevant circumstances in the commissioning and delivery of adult social care.
Amendment 14, in schedule 11, page 112, line 33, at end, insert—
“(d) the local authority has the necessary resources to meet those needs or can make funding available in advance or arrears to meet those needs.”
This amendment would make the duty on a local authority to meet an adult’s needs for care and support conditional upon the local authority having available resources or the ability to access additional resources to fulfil that duty.
Amendment 59, page 113, line 8, after “Convention rights” insert
“or the local authority considers, on the information available to it, that it is likely the adult’s needs would have met the eligibility criteria previously established by the Care and Support (Eligibility Criteria) Regulations 2014 and that it would be reasonably practicable to meet those needs”.
See explanatory statement for Amendment 57.
Amendment 58, page 113, line 30, after “Convention rights” insert
“or the local authority considers, on the information available to it, that it is likely the adult’s needs would have met the eligibility criteria previously established by the Care and Support (Eligibility Criteria) Regulations 2014 and that it would be reasonably practicable to meet those needs”.
See explanatory statement for Amendment 57.
Amendment 60, page 117, line 18, at end insert—
“(3) In this Part of this Schedule, the phrase “does not have to comply with any duties” means that a local authority does not have to comply with the relevant duty only if it would not be reasonably practicable to do so.”
This amendment and Amendments 61 to 63 have the same objectives in relation to the Welsh legislation as the amendments 57 to 59 above have in relation to the Care Act in England.
Amendment 62, page 119, leave out lines 2 to 4 and insert—
“(3) Condition 2 is that the local authority considers, on the information available to it, that it is likely the carer’s needs would have met the eligibility criteria previously in force and it is reasonably practicable to meet those needs.”, and”
See explanatory statement for Amendment 60.
Amendment 63, page 119, leave out lines 7 to 10 and insert—
“(3) Amod 2 yw bod yr awdurdod yn ystyried, o’r wybodaeth sydd ar gael ar y pryd, ei fod yn debygol bod anghenion y gofalwr eisoes wedi cyrraedd meini prawf cymhwysedd mewn rheolaeth, a’i fod yn rhesymol y gellid cyflawni’r anghenion ymarferol hynny.”
See explanatory statement for Amendment 60.
Amendment 61, page 119, line 40, at end insert
“and replaced with “the local authority considers, on the information available to it, that it is likely the adult’s needs would have met the eligibility criteria previously in force and it is reasonably practicable to meet those needs”.”
See explanatory statement for Amendment 60.
Schedules 11 to 13.
Amendment 53, in schedule 14, page 136, line 2, after “chains” insert
“and power to cap prices”.
Amendment 54, page 136, line 5, after “section 26” insert “or [Power to cap prices]”.
Schedules 14 and 15.
Amendment 71, in schedule 16, page 165, line 20, at end insert—
“(1A) Before making any notice in accordance with subparagraph (1), the Secretary of State shall consult with such persons as appear to him to be appropriate, unless they consider that in the particular circumstances it is not reasonably practicable to undertake any such consultation. The Secretary of State shall in particular consider whether they can discharge their duty in sub-section (a) by consultations with representative bodies for pupils, students, parents, teachers, other professionals and local authorities, as they consider appropriate.”
This amendment is linked to amendment 68.
Amendment 68, page 167, line 26, leave out ‘used reasonable endeavours’ and insert ‘taken all practicable steps’.
This amendment and amendments 69 and 70 are intended to be to the modifications to section 19 Education Act 1996, sections 508A-508F Education Act 1996 and section 42 of the Children and Families Act 2014 plus the new sub-paragraph on consultation added in after para 5(1) of schedule 16.
Amendment 69, page 167, line 36, leave out ‘used reasonable endeavours’ and insert ‘taken all practicable steps’.
This amendment is linked to amendment 68.
Amendment 70, page 170, line 33, leave out ‘used reasonable endeavours’ and insert ‘taken all practicable steps’.
This amendment is linked to amendment 68.
Schedules 16 and 17.
Government amendment 19.
Schedules 18 and 19.
Government amendments 9 to 13.
Schedule 20.
Government amendments 55 and 56.
Schedules 21 and 22.
Government amendment 82.
Schedules 23 and 24.
Government amendment 5.
Schedules 25 to 26.
Government amendment 51.
Amendment 66, in schedule 27, page 317, line 6, at end insert—
“5A In respect of sub-paragraphs 5 (a), (b) and (c), where a deceased is to be cremated and it goes against their religious belief, the designated authority must consult the next of kin or designated Power of Attorney or the relevant local faith institution in so far as reasonably possible, to find a suitable alternative before proceeding with the cremation.”
This amendment and linked Amendment 67 would require a local authority to consult the next of kin, designated Power of Attorney or local faith institutions (such as a church, mosque or synagogue) for support in order to respect an individual’s wishes.
Amendment 67, page 317, line 8, at beginning insert
“Having had due regard to paragraph 5A of this Part,”.
Government amendment 52.
Schedule 27.
Government new schedule 2—Emergency arrangements concerning medical practitioners: Wales.
Government new schedule 3—Residential tenancies: protection from eviction.
New schedule 1—Measures in relation to immigration and asylum—
Part 1
rules in relation to no recourse to public funds
20 The Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care on the impact of no recourse to public funds rules on preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.
21 The Secretary of State must, by regulation, make such amendments to no recourse to public funds rules as considered necessary in light of the consultation referred to in paragraph 1.
22 In this schedule, “no recourse to public funds rules” includes any provision prohibiting access to public funds or other forms of publicly financed support by those who require leave to enter or remain in the United Kingdom, including, but not limited to, section 115 of the Immigration Act 1999.
Part 2
immigration detention
23 The Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care on the impact of immigration detention on preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.
24 (1) Within seven days of the date on which this Act is passed, the Secretary of State must review the list of countries to which imminent removal of immigration detainees is possible.
(2) In light of that review, the Secretary of State must make arrangements to end the detention of any individual who cannot be removed imminently, consistent with preventing, protecting against, controlling and providing a public health response to the incidence or spread of infection or contamination.
Part 3
asylum processes
25 (1) The Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care on the impact of asylum processes on preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.
(2) The matters to be consulted on under sub-paragraph (1) include, but are not restricted to—
(a) requirements for individuals to report or attend interviews as part of the asylum process;
(b) the nature and extent of asylum accommodation and rules in relation to eviction from asylum accommodation;
(c) the nature and extent of financial support for asylum seekers;
(d) the nature and extent of financial support for local authorities in asylum dispersal areas.
Part 4
extension of leave to remain
26 7. The Secretary of State must make provision, by statement of changes to the immigration rules, to allow for leave to remain for individuals whose previous leave expires during the period in which this Act is in force, or whose leave expired in the 14 days prior to the date on which this Act is passed.
This new schedule contains temporary changes to immigration and asylum laws and procedures for the purposes of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination.
Chris Bryant (Rhondda) (Lab)
I rise merely to refer to the issue of the timing and the length of the Bill. As Members will know, the Minister said in the previous debate that the Government were tabling a new clause that would allow the Bill to be on the statute book for two years but with an opportunity after six months to vote on whether the temporary measures in it should remain. I urge the Minister to look carefully at that new clause, because I think it is defective. New clause 19 states clearly:
“‘relevant temporary provision’” means any provision of this Act—
(a) which is not listed in section (2) (provisions not subject to expiry)”
I cannot find that section anywhere, so I do not think that the new clause works in law. I may be completely wrong—I may have missed something—and if so, I hope the Minister can enlighten me. I do not think there is any conspiracy here; it may just be that something has been missed.
Like the right hon. Member for Haltemprice and Howden (Mr Davis), my anxiety from the start has been that two years is a long time to have such draconian measures on the statute book and that to have them on the statute book without a moment when the House, rather than Ministers, can decide to switch individual measures on or off is quite problematic. The Government have already used the Public Health (Control of Disease) Act 1984 to table statutory instruments to close pubs, restaurants, casino, spas, gyms and so on. That secondary legislation still has to go through the House under the 1984 Act, and the Commons and the Lords have to vote in favour of it within 28 days of it being tabled.
Likewise, if the Government had gone down the route of the Civil Contingencies Act 2004, they would have needed to come back to Parliament every 30 days for each of the individual powers that they presented under that Act, and if the House chose not to allow those powers to remain, the Government would not be able to continue using them. In addition, the 2004 Act makes it clear that if Parliament is adjourned for more than four days, or even if it is prorogued, the Speaker and the monarch have to summon Parliament.
Mr David Davis (Haltemprice and Howden) (Con)
The hon. Gentleman may be coming to this, but there is one other element: putting this in primary legislation rather than secondary takes it out of the purview of the courts., so here we have one of the heaviest-duty Acts we have seen post war prevented from undergoing judicial review in the interests of citizens.
Chris Bryant
I agree, and I do not understand why the Government have gone in this direction. I have been told in several private meetings that it is because they believe that the Civil Contingencies Act 2004 can only be used when they do not know that something is coming down the line, but I think the definition of an “emergency” in section 19 of the 2004 Act would allow for every single thing that we are considering.
I tabled an amendment, and I must apologise to the hon. Member for The Wrekin (Mark Pritchard), because it is entirely my fault that, by accident, his name ended up on my amendment. I am terribly sorry. If the Government Whips want to beat anybody up, they should beat me up. There is a serious point here, which is that if the Government are going to take draconian powers and give themselves the power to switch them on and off, that should come back to Parliament more frequently even than is allowed for in the Government’s amendment.
Mr Andrew Mitchell (Sutton Coldfield) (Con)
The hon. Gentleman may well be right about the Civil Contingencies Act, because the drafter of that legislation has confirmed that that is his understanding—at least, I believe that to be the case. I agree that two years is too long. I would have preferred the amendment tabled by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) to be adopted. I do not think there is any sense in the Committee that we want to vote on this. We want to put the Government on notice that the length of time is a matter of concern and we must have a chance to review the legislation; the Government appear to be moving towards agreeing to six-monthly reviews. Although I completely agree with the hon. Gentleman about the importance of the matters that he has sought to enshrine in his amendment, I think that that would encapsulate the will of the Committee.
Chris Bryant
I have absolutely no intention of dividing the House. The nation does not need dividing and I do not think the Committee needs dividing on these matters either. I am grateful to the Government, who have tried to be in as listening a mood as they possibly can. My anxiety, however, is that the Government’s amendment, as tabled, is defective and simply does not work. My anxiety is that in six months’ time the Government will present us with a take it or leave it argument—you’ve either got the whole Act and all the provisions carrying on for another six months or you’ve got to leave it—and retain those powers for another 18 months.
Mark Pritchard
I am grateful to the hon. Gentleman for giving way. He has been very gracious in his apology and I thank him very much indeed for that. He says he does not want a Division tonight, which is welcome, and he says that the Government’s amendment is, in his view, defective. However, in principle, does he accept the Government conceding a six-month break?
Chris Bryant
Personally, I would prefer the time period to be shorter. I would prefer Government Ministers not to be switching powers on and off, because that will lead to them being more queried by the nation at large. I prefer something more like a three-month period when they have these powers, with regular review by the House, but I am not going to die in a ditch. There are no ditches here. I laud the Government for the movement that they have made, but they may still need to move some way further. It may be that they need to amend their own amendment when it goes to the House of Lords.
Mr David Davis (Haltemprice and Howden) (Con)
I rise to speak specifically to amendment 6, in my name and those of others, and to the Government amendment.
The Secretary of State himself said that the Bill has an astonishing range of powers: from forced quarantine to cancelling elections; and from allowing single doctors to section people to reducing parliamentary oversight of intelligence gathering. That is just a taster, but there is much, much more. The Opposition Health spokesman described it as having a draconian impact on many basic freedoms. As the hon. Member for Rhondda (Chris Bryant) has just said, many, if not all, of those powers are actually to be found in two pre-existing Acts. The Public Health (Control of Disease) Act 1984—the year 1984 is ironic—was designed for exactly the position we are in now: dealing with pandemics and epidemics. It was amended later, I think in 2008, to make it even more specific. The 1984 Act contains the vast majority of measures the Government need. As the hon. Gentleman said, it has been used already for the closure of pubs, restaurants and so on through secondary legislation.
The other Act is the Civil Contingencies Act 2004. As the hon. Gentleman said, the Government could have used that. The Government have argued, most recently last week at business questions, that this is the wrong sort of emergency—sort of like the wrong kind of snow—to fall under the remit of the Civil Contingencies Act. I have to tell the Government that they are plain wrong. I was here for the debates on the Civil Contingencies Act. I remember the arguments about what it would and would not apply to, and this is specifically the case. It is not just me. I am not a lawyer, but a number of public lawyers of my acquaintance think the Government are wrong. Most importantly—my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) alluded to this—we can call on an even greater authority. After business questions last week, I made a point of order to ask Mr Speaker if we could get the opinion of his counsel, Mr Daniel Greenberg. I will read the relevant paragraph to the House—it is only a couple of lines. He said:
“The 2004 Act (which I wrote), including the powers to make emergency provision under Part 2, is clearly capable of being applied to take measures in relation to coronavirus.”
The man who wrote the Act, the most authoritative source in this House, Mr Speaker’s Counsel, who is completely impartial, says that the Government are wrong, they could have used the Civil Contingencies Act.
Penny Mordaunt
My hon. Friend has made my point for me. That is why we need this particular course of action, as opposed to relying on the Civil Contingencies Act.
I turn to the six-month review. I want to reiterate how these decisions will be made in an incredibly dynamic situation. Apart from a few parts of the Bill, these powers are not live at Royal Assent. They will be called upon or drawn down by the appropriate Government in the four nations—it is obviously appropriate that some of these decisions should be for the devolved nations—and they could be applied to very local areas, depending on what is happening in that particular situation.
We are therefore ensuring that the support that people need is there, with regular reports and debates in Parliament, to ensure proportionate accountability that does not itself make the management of this outbreak harder than it already is. These mechanisms currently include Ministers reporting to Parliament every two months on how we have used these powers. There will also be a debate after 12 months and a meaningful vote on renewal after 24.
We have also listened to people’s concerns about the need for periodic reviews of these powers. The Government have therefore tabled an amendment to the Bill that will enable the House of Commons to take a view every six months on whether the provisions of the Act need to be reviewed. That will be done within seven days of each six-month period if Parliament is sitting. If the House declines to renew these temporary provisions, the Government will ensure that they expire.
Penny Mordaunt
I will make a little progress, because there is quite a lot that I have not managed to say at the Dispatch Box yet.
We will therefore be able to carry out the will of Parliament quickly and efficiently, and this mechanism gives the House of Commons the final say on how the powers in this Act are to be used. I note the pragmatic suggestions of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), but I do not think that anything he says about future legislation or measures that we wish to bring in, or indeed the House being able to express a view, is negated by the way we have set this out. Each of the four countries of the UK has its own set of laws, and these tools and powers differ to varying degrees in each area.
Penny Mordaunt
In his earlier remarks, my right hon. Friend was talking about things that we might wish to do in a year’s time and so forth. I do not think any of those things are being ruled out, but we think that extensive work has been done on this Bill, which is looking only at powers we know need to be enshrined in primary legislation, not at other issues, many of which have been raised by colleagues. I do not think those very practical options are removed from us by supporting this Bill today.
I also wish to emphasise another point, because in this Bill the Government are legislating for areas of devolved competence. I should highlight that the devolved Administrations could have legislated to create their own powers through their own primary legislation. However, they have agreed, given the urgency of the situation, that the UK Government should do it on their behalf. This Bill consequently engages the legislative consent motion process for all the devolved legislatures. The amendment in the name of my right hon. Friend the Secretary of State for Health and Social Care requires the continued operation of certain key powers contained in the Bill to be reviewed every six months. Unless the UK Parliament consents to their continued operation, UK Ministers would be under an obligation to switch off the relevant powers by way of regulation.
Penny Mordaunt
May I just finish this point? The scrutiny process created by the amendment does not have an equivalent effect in relation to the devolved powers. This is consistent with the devolution settlements. Once these powers have been legislated for in this Bill and are exercisable by the devolved Administrations, the UK Parliament has no further role in relation to them. It is, rather, for the devolved Administrations to scrutinise the activities of their Ministers. For instance, on Thursday 19 March, Mike Russell, the Cabinet Secretary for the Constitution, Europe and External Affairs, made a commitment to the Scottish Parliament that the Scottish Government would institute appropriate reporting on how and when they used these powers in the Bill.
If the House will allow me, I should like to turn to the amendments and set out the Government’s reasoning. I sympathise with the intentions of the amendment tabled by the right hon. and learned Member for Camberwell and Peckham (Ms Harman). Although we agree with them in principle, there are a number of technical reasons why I believe the amendment we have brought forward is to be preferred.
Penny Mordaunt
I will, but I am just going briefly to go through the amendments—[Interruption.] I know, but hon. Members have tabled amendments and I wish to tell them why we have not accepted them. [Interruption.]
Chris Bryant
I have to say to the Minister that she is worrying me more and more with every sentence, because it sounds as if the Government are intending to drive this through for two years, come hell or high water, and to keep all the powers in place for that time. I thought that what they had announced earlier this afternoon was a concession, which was that in six months’ time the House would be able to strike down some of the individual measures if it wished to do so. She no longer seems to be saying that.
Penny Mordaunt
I do not think that the hon. Gentleman understood what I set out at the start. This is how these powers will be activated. Some of them will be for the UK Government with regard to England, but it is absolutely right that it is the devolved nations that will switch the powers on, and it could be in very localised areas. Those decisions will be taken in response to a very dynamic situation, probably in COBRA. Having sat around that table, and knowing some of the decisions that may be coming down the line, I think that is appropriate.
Let me turn to some of the issues raised by the hon. Member for Torfaen (Nick Thomas-Symonds). I touched on social care in my earlier remarks. He is absolutely right that we must have those measures in place, and I hope that what I said about my hon. Friend the Minister for Care has gone some way towards addressing that. The hon. Gentleman is absolutely right about domestic violence, and we must be alert to the potential for an increase in demand for those services.
I thank the Second Church Estates Commissioner, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), for tabling new clause 1, and the hon. Member for Rhondda (Chris Bryant) for supporting it. As my hon. Friend set out, the purpose of the new clause is to make provision for the postponement of the dissolution of the General Synod of the Church of England. The dissolution is to take place in July and will be followed by an election of the new General Synod over the summer. We support the new clause, which is consistent with the approach that the Government have taken to other elections.
Let me turn to other Government amendments, particularly on cremation, which many hon. Members have raised. For their engagement, I want to thank in particular the hon. Members for Bradford West (Naz Shah), for Birmingham, Ladywood (Shabana Mahmood) and for Bradford East (Imran Hussain), and my hon. Friends the Members for Peterborough (Paul Bristow), for Dudley North (Marco Longhi), for Stoke-on-Trent South (Jack Brereton), for Wycombe (Mr Baker), for Wealden (Ms Ghani) and for Meriden (Saqib Bhatti).
The policy that has been developed on dealing with excess deaths has involved all faith groups from the start. The purpose of the provisions is to ensure that people’s choices can be adhered to, that the dignity of the deceased is respected and that support services for families are in place, even in times of great stress. There should be no public health reason or capacity reason why someone who wished to be buried would be cremated. I hope that is very clear. I can give the House that reassurance. We have included further measures in the Bill. Local authority leaders will also want to reassure their communities in the coming days—clearly, it is local authority chief executives who will use these powers, if they are ever used. I also want to put on the record my thanks to Councillor Sharon Thompson of Birmingham City Council.