Emergency powers in times of crisis

Sarah Clarke, Unlock Democracy

 

What are the challenges that times of crisis present for democracies? What does our government’s response to coronavirus say about the state of our democracy? And where do we go from here?

This blog series, Democracy in Times of Crisis, will explore these questions.

This is Part 1 of that series. You can read Part 2 here.

 
 

Democracy in times of crisis

Part 1: Emergency powers

Times of crisis unsettle the foundations of democracies. Whether war or pandemic, responding at scale and with the urgency needed might require governments to suspend  the practice, institutions, and principles of democracy. 

As part of the response to coronavirus, many democracies around the world have taken steps to protect public health by imposing States of Emergency. This usually sees an expansion of executive powers and limitations placed on the public’s rights and freedoms. While responses vary from country to country, a growing number of governments have imposed bans on non-essential travel and are requiring people to stay in their homes.

Times of crisis can create the temptation to hand the government whatever powers it professes to need, particularly if these powers are presented as being necessary to the resolution of crisis. But when governments seek to expand their powers vigilance is needed.

A time of emergency is not the time to uncritically cast to the wayside accountability, rights, and checks on power. Even if there is no bad intent behind the expansion of powers, these powers can lay dormant on the statute book, at the fingertips and pliable in the hands of any government with bad intent. Which is why we need to talk about the emergency powers in the government's Coronavirus Bill.

What is the Coronavirus Bill? 

As this is being written, the Coronavirus Bill is being rushed through the UK parliament at break-neck speed. Once it becomes law, it will give the government far-reaching emergency powers; even the Health Secretary Matt Hancock described the proposals as “extraordinary measures”[1]. 

The Institute for Government[2] has summarised the key aims of the bill as being: 

  • to give further powers to the government to slow the spread of the virus

  • to reduce the resourcing and administrative burden on public bodies

  • to limit the impact of potential staffing shortages on the delivery of public services.

Inside the bill are vast emergency powers for the UK government, along with the suspension of the rights and freedoms that we all value. Once passed, some of the changes that the bill will bring about include:

  • Increasing the powers of the police, immigratiom officers, and public health officials to detain “potenitally infectious” people

  • The prohibition of public gatherings and events, including strikes and protests

  • Increased surveillance powers for the government

  • The removal of the duty of local authorities to assess adults who meet social care eligibility criteria for their care and support needs

Normalising state overreach in times of emergency

The coronavirus pandemic is a public health crisis, and what our government does to respond matters. The choices that are made, the paths taken and not taken - the task for us, as members of a democratic society, is vigilant scrutiny and challenging abuses of power. As the Director of the campaign Liberty has warned: “states of emergency and exception are often the moments when essential rights and liberties are hollowed out; when executive power oversteps the mark, hidden from public scrutiny by the long shadow of crisis.”[3]

Our government wants to give itself the power to suspend rights and liberties in the face of a crisis. Together we must question whether these powers are proportionate and necessary, and call out the overreach of power when we see it.

The Coronavirus Bill is expected to receive Royal Assent and become an Act of Parliament by Thursday 26th March at the latest. Part 2 of this blog series will take a look at the Act in detail. Get part 2 straight to your inbox by signing up to our mailing list.

Are you concerned about how these powers will affect you? Let us know in the comments and we'll repost them to social media.

Further reading and resources

References

Tom Brake6 Comments