Civil Proceedings — House of Commons, 2022-03-29
Topic: Law and Crime
Margaret Ann Throup (Conservative, Centre-right): I was about to come on to why we have tabled this statutory instrument today, but I can reassure the hon. Gentleman that the backlog is now falling. The Ministry of Justice’s spending review settlement has put £500 million into addressing the issue Currently, more than 11,000 hearings take place each week using remote technology across 3,200 virtual courtrooms. The Act has allowed the courts to deal promptly and safely with proceedings, avoiding unnecessary social contact and travel and keeping justice going while upholding the principle of open justice. That shows how the Act has not just offered support at a time of emergency but has driven modernisation of important services that we want to take forward. We are looking to replicate several of those powers in other primary legislation We have always said that we would not keep these measures in place for a day longer than needed. When the Act was introduced, the temporary provisions within it were given a two-year lifespan so that we could make sure that those powers would be in force only for as long as they were necessary and proportionate to respond to the pandemic. Since the Act was first introduced, we have made huge progress in our fight against the virus thanks to a national vaccination programme that has now put more than 140 million doses in arms The scientific protection that we have built up, together with our greater understanding of the virus, has shifted the odds. Our fight against the virus is not over, but our living with covid plan showed how we can now take a different approach, protecting ourselves without restricting our freedoms. To do that, we are moving away from legal curbs towards an approach based on personal responsibility and public health guidance where we trust people to take the right decision for those around them. As we have built up greater defences against the virus, we have been able to suspend or expire early more and more temporary provisions from the Act and the vast majority of temporary non-devolved provisions are now expired. Only five temporary non-devolved provisions remain in force and they would be extended by the regulations I will now set out the detail of the regulations. Four of the provisions relate to taking forward innovations in the justice system until we make them permanent by other means. Section 30 of the Act removes the obligation for coroners to hold inquests with a jury when covid-19 is suspected to be the cause of death. Subject to parliamentary approval, that will be made permanent in the spring through the Judicial Review and Courts Bill Sections 53 to 55 enable participation in court and tribunal hearings to take place remotely by video or audio links, which will be made permanent this summer through the Police, Crime, Sentencing and Courts Bill. Again, that will be subject to parliamentary approval Covid has meant that a backlog of cases has built up in our justice system. Those provisions are helping courts to work more quickly through that backlog. They are therefore crucial to court recovery and it is vital that the powers are not allowed to lapse. A maximum six-month extension to those provisions in the Act is important to enable a smooth transition and avoid disruption to service before the primary legislation comes into force. The provisions will be expired once the new primary legislation is in place. The regulations also extend section 43 of the Act on statutory sick pay in Northern Ireland for a period of six months. That enables the continuation of statutory sick pay to be paid from day one for absences related to covid-19 in Northern Ireland. Although statutory sick pay is a transferred matter in Northern Ireland, section 43 confers on the Secretary of State the power to make regulations in respect of Northern Ireland. As a result, the UK Government are asking for section 43 to be extended on the formal request of the Department for Communities in Northern Ireland I take this opportunity to note an addendum in the 12th two-monthly report on the Act, which was published on 24 March. It is regrettable that there was an omission of status updates for two temporary provisions in previous reports on the Act. Those are sections 42 and 43, which relate to provision of statutory sick pay and extend to Northern Ireland only. My Department apologises for the omission and welcomes the opportunity to correct it. The addendum provides information about the status of those provisions over the course of the pandemic. I reassure the House that the reporting omission has not had an impact on the policy relating to those provisions I thank hon. Members from all parties for the valuable scrutiny they have provided as we have debated the Act over the past two years. I am pleased to come before the House today with the vast majority of the temporary provisions in the Act having expired. That shows our commitment to removing powers that are no longer necessary, but also shows how far we have come since the Act was introduced Let me finish by thanking the health and care staff and all key workers who have worked so tirelessly throughout the pandemic as well as the British people for the extraordinary efforts they have made. The pandemic is not over, but we have made huge strides in our fight against the virus, which is why we can take these steps. I commend the regulations to the House.