Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, if he will amend the (a) Military Aid to the Civil Powers (Emergency Powers) Act 1964 and (b) Civil Contingencies Act 2004 to ensure parliamentary oversight during national crises.

The Civil Contingencies Act (CCA) 2004 and the associated Regulations deliver a single framework for civil protection in the UK. While emergency regulations could be brought into force immediately during a crisis they must be presented to Parliament as soon as practicable after being made, ensuring parliamentary oversight. The Cabinet Office has a legal obligation to review the CCA every five years. The most recent review was published in March 2022 and concluded that the Act continues to achieve its stated objectives.

The Ministry of Defence keeps all relevant legislation under review to ensure it remains fit for purpose and appropriate to the operational context, this includes the Emergency Powers Act 1964. Using the Emergency Powers Act requires Defence Council Order and considerable policy, legal and financial scrutiny including specific Ministerial approval.

There are no current plans to amend either of these Acts.