It is always a pleasure to follow my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds), who talked about the importance of keeping some of the provisions within the Coronavirus Act, very much in a just-in-case manner. I will speak from my perspective as Chair of the Women and Equalities Committee about three components that have caused us concern in the past and one that still does.
We very much welcome the action taken by the Health and Social Care Secretary to remove the Act’s provisions around the Mental Health Act 1983 and sectioning back in December. They had not been used and were therefore not needed. I also very much welcome his actions over the course of the last 24 hours in deciding to retire, as it were, the Care Act 2014 easements, which the Women and Equalities Committee had called for and, indeed, which I would be calling for this afternoon had he not already done it.
However, the same step has not been taken over the education easements in the Act. Too many disabled children have not received the support they need during the pandemic. These easements have not been used since July, yet the justification for keeping them, sent to me by the Under-Secretary of State for Education, my hon. Friend the Member for Chelmsford (Vicky Ford), is that the Secretary of State is keeping them under review in case the evidence changes. The Minister acknowledges in her letter to me, dated today, that the powers are unused and have not been used since last July. Indeed, she goes on to state that, compared with May, June and July last year, these flexibilities are much less needed. If they are unused and the evidence shows that they are less needed, why are they being retained? I am not some great conspiracy theorist; I do not think that this is an attempt by the Secretary of State for Education to keep this power indefinitely, but it is not used and it is not needed, yet it remains on the statute book. Of course, there is no ability to amend just that one section this evening.
Respectfully, I argue that the justification we have been given makes no sense, and I urge the Secretary of State for Education to think again on retaining these powers. Parents are desperately worried that children with special educational needs are not getting access to the assistance they need. They are back in school now, which I absolutely welcome, but I urge the Education Secretary to reconsider and to remove these unneeded easements.
4.38 pm