I wish to make a statement about this House’s scrutiny of delegated powers during the pandemic, and on the selection of amendments to the motion relating to the Coronavirus Act 2020 later today.
The way in which the Government have exercised their powers to make secondary legislation during this crisis has been totally unsatisfactory. All too often, important statutory instruments have been published a matter of hours before they come into force, and some explanations why important measures have come into effect before they can be laid before this House have been unconvincing; this shows a total disregard for the House.
The Government must make greater efforts to prepare measures more quickly, so that this House can debate and decide upon the most significant measures at the earliest possible point. The use of made affirmative statutory instruments under the urgency procedure gives rise to particular concern. I will give very sympathetic consideration to applications for urgent questions or emergency debates in such cases, requiring Ministers to come to the Dispatch Box to justify the use of such powers.
I hope that all hon. Members will have a chance to express their views through substantive amendable motions on scrutiny of delegated powers, or on the operation of the Coronavirus Act 2020, or both.
I turn now to the motion to be considered later today, which invites the House to make a narrow, binary choice as to whether the temporary provisions of the Coronavirus Act 2020 should or should not expire. Unfortunately, as it is only a 90-minute debate as a proceeding under an Act under Standing Order No. 16, I am disappointed that I cannot give additional time to discuss the issues. I know some Members will be disappointed.
When I became Speaker, I made it clear that I would take decisions on matters relating to procedure guided by professional advice. I have concluded, on the basis of advice that I have received, that any amendment to the motion before the House risks giving rise to uncertainty about the decision the House has taken. This then risks decisions that are rightly the responsibility of Parliament ultimately being determined by the courts. Lack of clarity in such important matters risks undermining the rule of law. I have therefore decided not to select any of the amendments to the motion.
As I hope my earlier comments show, I have not taken this decision lightly. I am looking to the Government to remedy a situation I regard as completely unsatisfactory. I now look to the Government to rebuild the trust with this House and not treat it with the contempt that they have shown.