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Former Supreme Court Justices to give evidence on use of emergency powers during the pandemic

Tuesday 1 December 2020

Former Justices, Baroness Hale of Richmond and Lord Sumption, will tomorrow give evidence to the House of Lords Constitution Committee on the use and scrutiny of emergency powers during the pandemic, as part of its inquiry into the constitutional implications of Covid-19.

Baroness Hale, who served as president of the Supreme Court of the United Kingdom from 2017 until 2020, stated in a recent essay that Parliament “surrendered” its role during the pandemic and has called for a return to effective parliamentary scrutiny. 

Lord Sumption has argued that emergency powers have been used by the Government to “marginalise Parliament”.  

Questions the Committee is likely to ask Baroness Hale and Lord Sumption include: 

  • Has Parliament performed its constitutional function in scrutinising the exercise of emergency powers during the pandemic? 
  • To what extent has Parliament been able to effectively scrutinise legislation introduced in response to the pandemic? 
  • What should be done differently the next time there is a need for substantial emergency legislation? 
  • What steps should the Government take to ensure that new requirements introduced in response to the pandemic are clear and accessible to the public? 
  • What principles should guide the Government and Parliament in ensuring the legitimacy of the response to the pandemic and securing public compliance? 

The session will take place virtually on Wednesday 2 December at 10:20am and can be followed on Parliament TV

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