WIREDGOV

The government’s ‘wartime’ approach will become less appropriate as the coronavirus crisis develops and a greater parliamentary role will be needed in decisions about lifting the lockdown, a new paper from the Institute for Government argues.

Decisions over imposing the lockdown had to be made at pace, but decisions on the exit strategy do not need to be made as rapidly – and must be made more transparently.

With parliament set to perform its functions in a ‘virtual’ form once it returns next week, parliament can ensure that the UK’s coronavirus response is effective, legitimate and lawful.

The IfG points to evidence that MPs have already made a difference on statutory sick pay, support for renters, loans to businesses and guidance on social distancing for key workers.

However, so far parliament has had no role in approving the lockdown and only a limited role for MPs is planned. The paper urges the government to rethink this, warning of possible legal challenges if ministers make decisions without putting legislation before parliament.

Parliament’s involvement is particularly important during the prime minister’s recuperation from his own illness: while the government’s actions are not legitimised by his personal mandate, it is all the more important that they are legitimised by a mandate from parliament.

The paper calls for the government to:

• secure parliamentary approval for the lockdown regulations at the earliest opportunity
• ensure that the lockdown regulations are renewed by parliament regularly
• commit to making statements to MPs explaining any decisions taken in mandatory ‘reviews’ of the lockdown
• put primary legislation before parliament if there is any uncertainty over whether existing laws give ministers the powers they need to respond to the pandemic
• expose itself to the same scrutiny it would have faced if it had responded to the crisis using the Civil Contingencies Act, rather than relying on other laws.

Raphael Hogarth, IfG associate and the paper’s author, said: “When parliamentary democracy is working as normal, big decisions on changing the law are made by parliament. It’s a mark of how extraordinary these times are that the ‘lockdown’ laws – the most draconian restrictions in living memory – were enacted by ministers without parliament’s involvement.

“Early decisions on the coronavirus response had to be made at breakneck speed and social distancing meant that it was difficult for parliament to sit. But the arrival of the Zoom Parliament next week gives ministers a chance to move away from ‘wartime’ government and involve MPs in decision making. That scrutiny will help to ensure the government’s policies are effective, legitimate and lawful.”

Notes to editors

1. The report can be found on our website.

2. The Institute for Government is an independent think tank that works to make government more effective.

3. For more information, including data to reproduce any charts, please contact press@instituteforgovernment.org.uk / 0785 031 3791.