My Lords, when this legislation first came to your Lordships’ House, all Benches worked constructively to support the Government and give them whatever powers they needed to control the virus. Our Benches joined others in supporting the legislation, but because of the extent to which the powers impinged on people’s well-being, rights and freedoms, we wanted it reviewed every three months. We landed up with six months, and here we are today, better able to judge how the Government have used their powers. Frankly, in some respects, we are not impressed.
While many measures, such as emergency registration of nurses and allowing people to receive statutory sick pay from day one, were necessary and successful, our right honourable friends in another place will be attempting to remove or change some of the measures. It is wrong for the Government to force the House of Commons simply to approve full renewal or, on the contrary, full expiry and give this House no say at all.
It is not as if we have not tried to engage with the Government to discuss what needs to change. The leader of my party, Sir Edward Davey MP, has asked the Prime Minister to work with us to agree new legislation: to keep the necessary measures, get rid of harmful or redundant ones, add new measures, and return the role of Parliament to approving regulations before they take effect instead of weeks later—on that, I agree with the noble Lord, Lord Robathan. Disappointingly, the Government refused to engage, so they will be faced with a series of amendments from all parties on Wednesday.
One measure that must go is the Care Act easements. They are unnecessary and, although they were used by some local authorities at the beginning, are no longer used. Three-quarters of families with disabled children had their care stopped altogether during lockdown, but they still need proper assessment. A legal analysis by the Disability Law Service shows that the Government’s reduction of disabled people’s rights without consultation breaches international law under the UN Convention on the Rights of Persons with Disabilities—but then, breaking international law is getting to be a habit with this Government. The continued presence of these easements in the Act presents real risk to the rights and well-being of elderly, disabled and vulnerable people. They must go.
A major feature since the lifting of the national lockdown has been the imposition of local lockdowns where infections are rising. While these may be necessary, the combination of different rules in different places has caused confusion not only among the public but for the police. I accept that correct enforcement is necessary, but according to a review by the prosecution service 121 people have been wrongfully charged under the Act. The powers under Section 23, extending the time limits for urgent warrants, Section 51 and Schedule 21, giving extra powers for police and immigration officers to detain people, and Section 52 and Schedule 22,
giving power to restrict or ban events and gatherings, must be clarified or removed. I would add to that guidance for the police on how to use the recent enforcement fines for failing to isolate.
There appears to be little logic in the way in which some powers are being used. Indoor pubs are allowed to open, but despite several successful pilots, sports clubs are not allowed to play matches to reduced-sized live audiences in their enormous outdoor stadia, perhaps with staggered arrivals to avoid crowds. Why not? Then there is the plight of university students, which time does not allow me to go into. The answer to much of this is a genuinely world-beating test, trace and isolate system, instead of the shambles that we have got.
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