In response to concerns about the increase in emergency powers introduced by The Coronavirus Act, Kent’s legal human rights expert Sian Lewis-Anthony said:
‘In times of national crisis, the people often look for a strong leader equipped with power to protect their safety – a Hobbesian Leviathan. This Leviathan refers to an all-powerful sovereign, accountable to no one. Despite the promise of safety and security, it is the very antithesis of democratic government.
‘The Coronavirus Act 2020 is a piece of emergency legislation which the Government claimed is designed to equip it with tools needed to fight the current pandemic. With its 102 sections and 29 schedules amounting to some 360 pages, the bill was introduced to Parliament on the 19th March and received the Royal Assent just 6 days later.
‘This legislation does not, in and of itself, confer absolute power on the government, but its passing in such haste without proper parliamentary scrutiny is worrying. It seems little has been learned from the counter-terrorism context, where emergency legislation has frequently been passed hurriedly, resulting in human rights violations.
‘While the Act contains a “sunset clause” whereby most provisions will simply lapse after two years (with a possible extension of 6 months) and permits bi-annual reviews in the House of Commons, these safeguards cannot replace true democratic scrutiny.
‘For a start, The Coronavirus Act specifies that reviews can only take where “practicable”, and only if the House of Commons is sitting. At present it is unclear whether Parliament will be able to sit virtually/online and the meaning of “practicable” will be left in the hands of the Cabinet Ministers. It is worth noting that significant erosion of rights in anti-terror legislation have previously found their way into general criminal law. The reduced right to silence is a prime example of this.
‘A concern about the current Act is that restrictions that are deemed useful in a pandemic may later be deemed indispensable in relation to mental health or social care or indeed in relation to the powers of the police and security forces.
‘We may not have seen the creation of a Leviathan, but we may be witnessing a worsening of conditions for many of the poorest and most vulnerable in our communities, and an incremental increase in coercive powers of the state.’
‘It will be up to civil society organisations such as Amnesty International to keep a close and detailed watch over the operation of the Act over the coming two years. Their role will be especially vital given the problems of democratic accountability outlined here.’
Sian Lewis-Anthony, Senior Lecturer in Law, Kent Law School
Sian is a leading expert in the field of human rights from a legal perspective. Her research interests have focus on the provision of human rights training, or writing reports for human rights organisations, mostly relating to fair trial rights, including the prohibition against torture. More recently, she has been engaged in researching the right to health, with a focus on mental health care. Her plans for the future are to focus on migrants’ human rights.
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