My Lords, it has been a year since the House passed the Coronavirus Act, and this anniversary gives us a moment to reflect. Despite the remarkable challenges of the past year, the spirit of co-operation and consensus that epitomised the passage of that Bill at that time of national crisis stands firm today. Now, a whole year later, it seems that our legislative approach has stood the test of time.
Our response required using the tools that were already available, such as the Public Health (Control of Disease) Act 1984, and at the same time rapidly developing new tools such as the Coronavirus Act. This dual approach has enabled us not only to tackle the public health threat but to underpin our public health response with a broader package of civic and financial support.
At the time we looked very closely at the Civil Contingencies Act, and I know many noble Lords feel we missed an opportunity there, not least because it might have meant that we engaged more fully with Parliament, but also because it would have taken us down an all-UK approach that would have perhaps somehow have spared the pressure on the union. However, the truth is that that choice was never possible. The Civil Contingencies Act is a provision of the last resort and its use is subject to very strict triple-lock criteria. A change to the CCA would have been necessary for it to have been usable. Instead, we used the Public Health Act 1984 to enact most of our public health legislative responses to the virus. It is an unloved Act, and many suggest we stretched it beyond its intended purpose. That is not true. We used it for what it was designed to do: to protect the population from communicable diseases of pandemic proportions. Indeed, the Act had been enhanced after the swine flu pandemic in 2008 with amendments specifically to enable a rapid response to a pandemic. Further, we chose to use the 1984 Act because it was and remains preferable to use existing powers. It was and is the right way to respond.
The 1984 Act provided us with many of the tools to respond to the public health risk, but it did not give us everything we needed. We needed to support our people: individuals, businesses and the economy; to shore up the capacity and resilience of our health and care systems; and we needed the continued delivery of essential public services. These are the three reasons we introduced the Coronavirus Act and, one year later, they are the reasons why we still need it. Yes, vaccines are happening at breakneck speed, but we are not out of the woods yet. We all need the continuation
of this support and, while it is still required, it is our duty to provide it. The continued need for this dual legislative approach does not mean that we should remain static. A key feature of our response has been our ability to adapt and to respond to a changing set of circumstances, and this is precisely what the road map and today’s legislation are about: taking cautious steps towards ending public health restrictions and getting back to normal.
I will take a moment to reflect on a few of the benefits and achievements of the Act. It enabled the temporary registration of over 15,000 nurses, midwives and nursing associates, as well as over 21,000 temporary paramedics, practitioners, radiographers and other professionals. It has eased the burden on front-line staff by reducing administrative tasks, so that their time can be focused on where they are most needed. It has facilitated innovation, with comprehensive indemnity arrangements that give clinical staff the confidence to treat their patients to the best of their ability. The Act has allowed us to provide key financial support and resilience to individuals and businesses impacted by Covid-19 through schemes such as the Coronavirus Job Retention Scheme, the Bounce Back Loan Scheme and the Self-employment Income Support Scheme.
The Act has preserved access to justice by enabling 750,000 hearings to take place through remote technology. Section 78 of the Act has enabled local authority meetings to take place either remotely or in hybrid form. Death rates are now coming down, but it is worth remembering that we used the Act to guarantee the continuation of death management services, easing the administrative burden at a time when funeral services were struggling and the nation’s morgues were almost overwhelmed. Section 18 of the Act modified death and stillbirth registration; since the provisions came into force, nearly 95% of death registrations in England and Wales have been completed by telephone.
I completely acknowledge that some aspects of the Act cause noble Lords concern. We did not take the measures lightly and we do not use them freely. However, it remains vital to have the ability to take appropriate action for our response to be effective. These key functions that I have just described illustrate why we seek Parliament’s approval today to keep the powers in place.
When we introduced the Coronavirus Act a year ago, we were clear that this was only a temporary measure. We made a promise to Parliament that we would not keep any provision in place for longer than was necessary, and we have made good on that promise. In line with the spirit of the Act, we are dropping every single additional provision possible. Today we are announcing the expiration of 12 provisions, which represent nearly 25% of non-devolved powers. Recommending the expiry of so many provisions is a clear demonstration of our commitment to balancing the ability on the one hand to respond effectively and on the other to ensure that only those provisions deemed necessary and proportionate are kept in place.
We note our thanks to our colleagues in all devolved Administrations for their collaboration in working to expire so many provisions. In addition, we are also suspending a further three provisions; the full one-year
status report outlining the outcome of this review was laid before Parliament earlier this week. The temporary modification of mental health and mental capacity legislation is one example of a provision which we had already expired on 10 December 2020. We identified that these provisions were no longer required due to the commitment and resilience of NHS staff—and there is a long list of other provisions we have retired.
Over the course of the pandemic there have been all manner of unexpected twists and turns; just as the virus has evolved over time, our response has had to evolve. We worked hard to get the tiering system right, because we wanted a system that worked for the whole country. The differential approach we took last summer yielded significant results, for instance in Leicester, where the incidence rate decreased from 135 per 100,000 to below 40 by the end of August 2020. However, it also had its downsides: it led to more legislation and some confusion. The tier system was intended to bring consistency, but we have since realised that simplicity and clarity are absolutely paramount. The emergence of the Kent variant showed us the value of a national approach. Our learning from the tiers has also enhanced what we have been able to do in the road map.
I know that lots of noble Lords feel frustrated and like they have not been heard, but I want to reiterate that they have been heard, and we have been listening. We are sensitive to feedback, as demonstrated by some of the adjustments we have made. We have introduced support bubbles to enable people at risk of isolation to access their informal support networks. We have changed the rules on places of worship, keeping churches, mosques, synagogues and other holy places open for communal worship throughout the last lockdown. Today we are making an amendment to the self-isolation regulations to include additional exemptions to allow people to self-isolate to support a pregnant person as a birthing partner. We introduced shielding to protect those most at risk of the virus. We know, however, that shielding has been hard, and we listen to feedback and modify guidance wherever possible.
Noble Lords also asked for local authorities to be brought in, and they have, through the contain framework. Contain works closely with local authorities to understand the challenges they are facing and to help ensure that national responses provide the support local areas need. The challenge provided by parliamentary scrutiny over the past year has enabled us to make our approach more sophisticated, and the road map, with its emphasis on simplicity and clarity, has benefited greatly from these challenges and improvements.
We cannot stop now. There is more to do. That is why I am setting out the eagerly awaited sequence of steps to ease restrictions and lead us towards lifting limits on social contact by 21 June. We could not have reached this point in this journey were it not for the provisions and achievements of the Coronavirus Act, our world-leading vaccination programme and the perseverance and commitment of the British public. There are four clear steps which rely on four clear tests, each of which is underpinned by the scientific evidence. Opening too early or too quickly risks a further lockdown. Therefore, our approach focuses on data, not dates, which I know will be well supported here.
As long as we see no significant regional disparity, the steps for easing restrictions will be taken at the same time across England in a national approach. The first measures of step 1 took place on 8 March, with an amendment to the all-tiers regulation. As promised, we prioritised education, and all school and college pupils have now returned to face-to-face education. Alongside the pre-existing exercise provision, the regulations allow outdoor recreation with your household or one other person and make provision for the gradual reopening of care homes for visits. On 22 March, we laid the steps regulation, which enables us to move forward to the next stage of the road map and puts the remaining steps of the road map into law.
Today marks the start of a new chapter, one of progress and happier times to come, but it is only the start of the journey. We need to be cautious and not put the significant progress we have achieved so far at risk. I thank noble Lords for their continued, constructive challenge and all those who worked so hard on this cross- government, cross-public service movement to fight this horrible disease. I pay particular tribute to the noble Baronesses, Lady Brinton and Lady Thornton, who have made sure that their challenges have been heard and reflected on. Our approach has been better for it. It is not possible to namecheck everyone, but I single out thanks for all those NHS and social care staff, volunteers, returned healthcare staff, and the Army, who were involved in the deployment of the vaccine. Lastly, I extend an enormous thank you to the general public for continuing to follow the lockdown rules. The attitude of the public remains resolute. These measures are doing the lion’s share of the work in protecting everybody’s families and loved ones. I commend these regulations to the House.
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