Civil Proceedings

Lyn Brown Excerpts

Tuesday 29th March 2022 Commons Chamber

[Andrew Gwynne]

My hon. Friend is absolutely right. Many of the people who are classed as clinically vulnerable, clinically extremely vulnerable or immunosuppressed are looked after by members of the family or friends who will come into the house to look after them, rather than by paid carers. Were free lateral flow testing to be extended at least to the CV, CEV and IS communities—not for those people themselves, but for the people coming in to communicate and interact with them—it would at least give them some degree of confidence that coronavirus is not being brought through the front door.

[Ms Lyn Brown (West Ham) (Lab)]

I reiterate what my hon. Friends the Members for Oldham East and Saddleworth (Debbie Abrahams) and for Chesterfield (Mr Perkins) have said about the immunosuppressed community and the most vulnerable. I too have had numerous emails from those who are very concerned about the direction of travel. The lack of access to lateral flow tests is particularly concerning, not only for those people, but for those they come into contact with. My general practitioner has spoken to me about his concerns about antivirals. Does my hon. Friend agree that the limited cohort to whom antivirals are available is very small? My GP and I are concerned that the Government are missing a trick on this one: allowing GPs to prescribe antivirals where they think it is essential might help massively to keep people out of hospital.

[Andrew Gwynne]

My hon. Friend hits on an important point for debate at some stage in the near future. There is a concern that the cohort that has been drawn up for access to antivirals is not as wide as it could be, and certainly not as wide as in other European countries. We must also think about how we provide the maximum level of confidence to those communities.

For me, an ideal package to protect the immunosuppressed and clinically vulnerable would be the availability of free lateral flow tests for people coming to visit those who are clinically vulnerable or immunosuppressed, a drug such as Evusheld that would give at least 70% confidence—similar to the efficacy of the vaccine—to those people who are not able to be protected by the vaccine, and then access to antivirals if they become symptomatic.

I have asked the Minister on a number of occasions when we can expect information on the eligibility for free testing and have not even received an approximate date for when it will be published. That is totally unacceptable. We urgently need that clarity, given that we are three days away.

I draw colleagues’ attention to the provisions in the motions relating to sick pay that are set to expire. Here in the United Kingdom, we have one of the worst levels of sick pay in the OECD. Statutory sick pay currently sits at just £96.35; that, I am afraid, is shameful. I could not live on that and feed my family, and I am not sure the Minister could either. The 2 million low-paid workers who earn less than the lower earnings limit of £120 receive nothing. That is before we consider self-employed people, who continue to remain ineligible for statutory sick pay. Self-employed people were badly let down over the course of the pandemic. A recent study by the Community trade union shows that a majority of self-employed people were rejected from vital covid isolation support payments. In suspending the temporary provision that allowed workers to receive statutory sick pay from the first day of their illness, the Government are stubbornly sticking to their regressive attitude to sick pay, which will continue to have a lasting negative impact on public health.

In recent remarks, the Prime Minister urged the public to exercise “restraint and responsibility” to avoid spreading the virus. This Government love to lecture us on personal responsibility while also pricing people out of making the right decisions. We should not be forcing people to choose between putting food on the table or infecting their colleagues. As well as being morally reprehensible, the sorry state of sick pay in this country will lead to more workers getting sick, leading to worse public health outcomes and, in the long term, costing the country far more in reduced productivity.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

We have had an interesting debate on these important measures. I am grateful to all colleagues who have contributed. Like the hon. Member for St Albans (Daisy Cooper), I thank all the workers in the NHS, and in social care, who put in such a shift over the pandemic. As a Justice Minister, I would say the same about all those working in the courts, particularly the clerks and others who had to go into work in the spring of 2020, when there was fear across society about the consequences of working face to face with others. They did that to keep justice going, and we owe them a great debt.

The hon. Lady asked about emergency legislation. Of course we want to learn lessons from covid-19, and we continue to review the effectiveness of our legal framework, and the lessons learned from our response to covid-19, as part of our preparedness for future pandemics and other health emergencies.

The hon. Member for Bradford East (Imran Hussain) movingly discussed an important subject that matters a great deal to him, and to his constituents, and I pay tribute to him for speaking up for his constituents. These are very important matters. I can confirm that the general register office measures on death registration have been replaced in permanent legislation, except for the provisions for telephone death registration. We are trying to identify a legislative vehicle through which to put those provisions in place.

There were a number of comments on the immunosuppressed. I understand the concerns on the subject; it is one that my colleagues in the Department of Health and Social Care take seriously. I remind colleagues that those who are immunosuppressed are eligible for three primary vaccine doses and a booster, and will be called forward for a spring booster when appropriate. We made 5 million doses of antivirals available for the immunosuppressed.

[Ms Lyn Brown]

Does the Minister agree with my GP that expansion of the use of antivirals might be a necessary tool in our campaign to keep people safe, as we learn to live with covid?

[James Cartlidge]

I am a Justice Minister, but I am happy to pass on from my health colleagues that they keep that issue under review. The hon. Lady raised a point about tests; from 1 April, free tests will be available for those in certain groups most at risk from the virus. More details will be set out shortly; I cannot say more than that at this stage, I am afraid.

The hon. Member for Denton and Reddish (Andrew Gwynne) is absolutely right—the hon. Member for Chesterfield (Mr Perkins) made a similar point—that we went through matters relating to remote hearings in detail when the Judicial Review and Courts Bill was in Committee. That was my first Bill as a Minister. We went through in great detail the support for vulnerable users, but let me restate this for the hon. Member for Denton and Reddish: remote technology has a huge role to play in our courts, and we should not underestimate the extent to which its use kept justice going, which was very positive for vulnerable users. He is right, however, that there must be measures in place, and we have set them out in detail. Only recently, we awarded a new contract that provides for a technical support line to assist remote hearing users, and to enable them to access their hearing in the most appropriate fashion. Of course, the type of hearing held is always up to judicial discretion, and dependent on the circumstances.

On the point about the backlog, the hon. Member for Denton and Reddish said—I address this to the hon. Member for Chesterfield, too—that we want to forget about the pandemic, but also that the backlog is entirely the result of Government incompetence. Let us be clear: before we went into lockdown, the backlog was smaller than when Labour was last in power. When we went into lockdown, the courts closed. The Crown Court’s output collapsed. That should not be a surprise; we did not have jury trials because of social distancing.

My right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), then Lord Chancellor, who has just emerged into the Chamber—he is probably out of sight to most Members—put in an extraordinary shift, together with the Lord Chief Justice and others in our courts, to get courts reopened, and to get jury trials going again in this country, but there was a consequence: a huge bottleneck of cases. That is why we had this record backlog. The good news is that the number of cases in the backlog is falling; it has gone from a peak of around 61,000 last June to around 59,000. However, we recognise that we have to go further, which is why court recovery is a priority for this Government.

The measures that we propose extending through the statutory instrument that is before us are helping to ensure that courts and tribunals have the resources necessary to deal with these outstanding cases. To be clear, sections 53 to 55 of the Coronavirus Act 2020 enable thousands of hearings to be conducted online—currently around 11,000 per week—so that courts and tribunals can be reserved for hearings, such as trials, that must be heard in court. Without section 30, the backlogs in our coroners courts would have been larger, which would have further increased the demand on local authority-funded coroner services. These temporary measures are in fact so important to court recovery that we intend to make them permanent, but we cannot afford any gap in provision while we wait for that legislation to complete its passage through Parliament. If courts were unable to continue to use these provisions, even for a few months, there would be a significant impact on our court recovery programme. That would mean defendants waiting longer than necessary for trial, more victims waiting longer than necessary for justice, and the bereaved waiting longer than necessary for inquests.

I express my thanks to all those who work in our courts for the sterling work that they did to keep the courts running during the pandemic. I hope that Members agree with me that, by extending the four provisions of the Coronavirus Act 2020 that are under consideration for a maximum of six months, we can continue to build on the progress that we have made in managing the virus, and in ensuring that our courts and tribunals can recover as quickly as possible from the effects of the pandemic. I reassure the House—this is crucial—that the four provisions will be expired under the Act once new legislation comes into force.

As was noted by the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Erewash (Maggie Throup), who has responsibility for vaccines, statutory sick pay is a transferred matter, and the Government are simply facilitating an extension of the provision relating to it, following a formal request by the Department for Communities in Northern Ireland.

Question put and agreed to.

Resolved,

That the Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (SI, 2022, No. 362), dated 23 March 2022, a copy of which was laid before this House on 23 March, be approved.

Coronavirus Act 2020 (Review of Temporary Provisions) (No. 4)

Resolved,

That the temporary provisions of the Coronavirus Act 2020 should not yet expire.—(James Cartlidge.)