Coronavirus Bill

The Bill has 4 primary categories of effect namely, to enhance the capacity and flexibility of deployment of staff, the easing of legislative and regulatory requirements, to contain and slow the spread of the virus and the management of the deceased. In addition, it will provide further provisions regarding statutory sick pay, postponement of general elections and the power for the Government to intervene in food supply.

Capacity and flexible deployment of staff

This section of the Bill deals with various factors relating primarily to the NHS and the UK’s ability to ensure that it is able to deliver essential healthcare services during these uncertain times.

An important part of this section is that the Bill seeks to increase the number of registered healthcare professionals by allowing newly-retired doctors, nurses and social workers to re-register and allowing medical students to become registered. It is hoped that this provision will ease the pressure on services currently providing health services and it is thought that potentially 75,500 additional Doctors, Nurses, Midwives and Nursing Associates could be re-registered. Given the increase of registered healthcare professionals, it is expected that the current indemnity schemes will be extended to cover the newly registered or re-registered professionals.

The Bill will also make some changes to the Mental Health Act 1983 to provide that a person may be detained under the Act on the advice of just 1 healthcare professional rather than 2. The patient will then have the option to have their treatment reviewed by a Second Opinion Appointed Doctor after 3 months. Similar measures are expected to be introduced in Scotland and Northern Ireland.

The powers of the Local Authority in respect of the Care Act 2014 will also be amended to give them more freedom to prioritise whose and what types of needs will be met and whether and to what extent it will carry out assessments of individuals’ needs or review care plans or carry out financial assessments. It will also provide that Local Authorities will be directed by the Secretary of State for Health and Social Care in relation to the prioritisation of care and social needs.

Easing of legislative and regulatory requirements

This section will provide provisions for suspending NHS Continuing Healthcare assessments until after the peak of the coronavirus outbreak. It is considered that this measure will only be brought into operation for the shortest possible period and only at the peak of the outbreak in order to alleviate pressure on the NHS.

Perhaps the biggest changes to be made under this section are the powers granted in relation to the education system. The provisions proposed under the coronavirus bill will enable the Government to require certain schools/nurseries to stay open, or to close and to change term and holiday dates. It will also allow Local Authorities to determine what services they will provide such as free school meals.

This section will also impact upon Court hearings and trials, and will include provisions to enable these to be held via telephone or video link.

Containing and slowing the spread of coronavirus

This section will include provisions to allow the closure of Ports, to give Police Officers the power to detain or direct persons for the purpose of screening and assessment if they suspect that they have coronavirus and are not self-isolating, and to provide the power to restrict or ban any events/gatherings in an attempt to limit the spread of coronavirus.

Managing the deceased

This section will provide provisions such as the relaxation of the requirement to register deaths and still-births in person where it is appropriate to do so, the removal of the requirement for a confirmatory medical certificate to allow cremations to proceed and to allow doctors who may not have seen the deceased to certify the cause of death rather than referring the death to a coroner. The Bill will also allow doctors to certify the cause of death if they have seen the deceased 14-28 days prior to death, prior to it being sent to the Coroner for review. It will also allow for Local Councils to directly take over the management of deaths, where it becomes likely that the number of people who might die from coronavirus is likely to exceed the capacity locally to manage the deceased.

There will also be provision for the suspension of the requirement to hold inquests with juries present. This will be a temporary measure in place for the duration of the outbreak only and will Coroners with the discretion to hold a jury inquest in coronavirus cases where they consider it appropriate to do so.

Click here to view the Bill.

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