Appendix 1: Correspondence: Government draft options for regional or local interventions
Letter from Helen Whately MP, Minister of State for Care at the Department of Health and Social Care, to Lord Hodgson of Astley Abbotts, Chair of the Secondary Legislation Scrutiny Committee
Last week, the Government set out the CONTAIN framework for containing and controlling future outbreaks of COVID-19 and ensuring that national and local government can draw on each other to respond to outbreaks in the most effective way possible. Under the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020, made and laid last week, local authorities have powers to close specific premises, close public outdoor spaces, and cancel events. These powers will enable local authorities to act more quickly in response to outbreaks, where speed is paramount.
However, we recognise that actions by local authorities will not always be sufficient. Therefore, we have published draft regulations and guidance that set out clearly the ways in which the Government may intervene at a local level in England, building on the approach taken nationally in March and more recently in Leicester. The draft regulations set out a non-exhaustive set of options, illustrating the ways Government might legislate under the Public Health (Control of Disease) Act 1984 as part of a targeted approach that responds to the particular circumstances of a local outbreak. There are options to:
- close businesses and venues in whole sectors (such as food production or non-essential retail) or within a defined geographical area (such as towns or counties);
- impose general restrictions on movement of people (including requirements to ‘stay at home’ or to prevent people staying away from home overnight, or restrictions on entering or leaving a defined area);
- impose restrictions on gatherings by limiting how many people can meet and whether they can travel in and out of an area to do so;
- restrict local or national transport systems by closing them entirely or introducing capacity limits or geographical restrictions; and
- mandate the use of face coverings in a wider range of public places.
If regulations need to be made, Ministers will select the most appropriate options for the requirements of the local area, ensuring that the legislative response is tailored as appropriate, and alternative measures might be included if those circumstances require it. These measures will allow for effective targeted interventions, while seeking to avoid a return to a national lockdown. In the event that the Government does need to make a significant intervention, it would do so in a way that targets the transmission of the virus while minimising the disruption to the economy and society. As our response to COVID-19 and circumstances in local areas develop over time, we may develop new categories of intervention and will develop draft regulations accordingly.
In legislating to respond to coronavirus, we have had to act urgently and at pace to respond to events. Owing to the continued need to act at pace, we expect to continue to make use of urgent procedures so that these measures take effect as quickly as possible. Parliament would then scrutinise and approve those regulations in the usual way, under the requirements of the Act.
However, we recognise the concerns of parliamentarians and of the parliamentary scrutiny committees on this matter and, therefore, intend that publishing a draft, non-exhaustive set of options will help to address those concerns. By publishing the draft regulations, parliamentarians and the wider public have an opportunity to examine in detail how these regulations might operate and how we may legislate in response to local lockdowns. As such, we would welcome the views of your committees on the draft regulations.
28 July 2020
Letter from Lord Hodgson of Astley Abbotts to Helen Whately MP
Thank you for your letter of 28 July. The Committee greatly appreciated your decision to publish generic regulations to inform and facilitate our scrutiny role as far as is possible in these difficult times.
The role of the Secondary Legislation Scrutiny Committee is to consider the policy aspects of instruments laid before Parliament and, with regard to any local restrictions legislation, our principal focus would be on the evidence justifying action being taken in the area or region specified. It is not within our terms of reference to comment on draft regulations and illustrative examples.
The Committee nevertheless welcomes your aim to improve both transparency and public understanding of the restrictions legislation and we will publish your letter in our next Report so that the House may also benefit from your initiative.
8 September 2020