Democratic decision-making in health emergencies: Learning the lessons of the Covid pandemic

This week we have a compelling conversation with human-rights barrister Adam Wagner as we delve into the findings of the Independent Commission on UK Public Health Emergency Powers. Just before the general election was called, the Commission published its final recommendations, aiming to reshape law-making in the event of a future health emergency in the UK.

In this episode, we hae got exclusive insights from Adam Wagner and our co-host Ruth Fox, both Commissioners appointed by the Bingham Centre for the Rule of Law. They share their perspectives on the critical issues surrounding parliamentary scrutiny, the rule of law and the protection of human rights during Covid-19 and they discuss the importance of addressing these issues now, given that they fall outside the remit of the official UK Covid-19 Inquiry.

With a simple stroke of a pen Ministers imposed regulations during the pandemic, leading to some of the most restrictive peacetime laws in history. But the concept of ‘emergency’ was stretched and the role of parliaments – and most especially the House of Commons - was marginalised to an unacceptable extent: parliamentary accountability for, and control over Ministerial decisions diminished considerably.

The key questions addressed in this episode include: what should appropriate democratic oversight and accountability of emergency law-making look like? And how can we prevent the marginalisation of Parliament in future health emergencies?

We explore the Commission's recommendations, including proposed changes to the Public Health (Control of Disease) Act 1984, the introduction of an ‘urgent health situation’ declaration to enable emergency scrutiny procedures for a limited time, and the creation of a dedicated emergency parliamentary scrutiny committee to review government policy on a cross-departmental basis during health emergencies.

Covid-19 underscored the critical role of legislatures as forums for debate, democratic accountability, and approval of legal responses to emergencies. Thus, another of the Commission’s recommendations is that all four legislatures be involved in future contingency planning for health emergencies.

Tune in to this episode for an in-depth discussion on the future of emergency law-making and the steps needed to ensure robust parliamentary oversight and accountability in times of crisis.

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Parliament Matters is a Hansard Society production supported by the Joseph Rowntree Charitable Trust.

Producer: Richard Townsend

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