Sir Graham Brady accuses Boris Johnson of ‘ruling by decree’

Sir Graham Brady today accused Boris Johnson of ‘ruling by decree’ during the coronavirus crisis as Tory MPs demanded any move to reimpose lockdown is put to a vote in the House of Commons. 

The chairman of the 1922 Committee of Conservative backbench MPs suggested the Government has been treating people ‘as children’ during the pandemic.

He is tabling an amendment which would require the Government to put any new lockdown measures to a vote of MPs. 

There is growing anger among Tory figures about the way in which the Government has imposed measures over the last six months without first consulting Parliament amid fears new rules will be rolled out in the coming weeks to tackle a surge in cases.

Sir Graham’s intervention came after the Supreme Court’s first female president said Parliament had ‘surrendered’ powers to the Government during the pandemic.  

Baroness Brenda Hale, who served as president at the UK’s highest court from 2017- 2020, criticised the draconian measures and ‘sweeping’ powers being imposed on the British public without the say of MPs.    

Sir Graham told the BBC’s Radio 4 Today programme: ‘I think what we have also seen over the last six months is the Government has got into the habit of, in respect to the coronavirus issue, ruling by decree without usual debate and discussion and votes in Parliament that we would expect on any other matter.’

Told that the nature of the crisis required the Government to have the ability to act swiftly, Sir Graham said: ‘It is a very important, very serious situation, something that obviously the Government needs to have some powers to act. 

‘Arguably the Government already has the powers under the Civil Contingencies Act but that would entail very frequent and close parliamentary review and scrutiny. 

‘So really what I am proposing is that we make sure the powers that are exercised under the Public Health Act or the Coronavirus Act should be subject to the same regular parliamentary scrutiny and approval as the Civil Contingencies Act would be as well.’ 

He added: ‘Governments find it entirely possible to put things to Parliament very quickly when it is convenient for them to do so.’      

Sir Graham said MPs must be able to seek ‘proper answers’ on the measures being proposed before they are put in place as he suggested Parliament may not be willing to vote for a second national lockdown. 

‘The British people aren’t used to being treated as children,’ he said. 

‘We expect in this country to have a parliamentary democracy where our elected representatives on our behalf can require proper answers to these things from the government and not just have things imposed on them.’ 

Asked what would happen if MPs were given a vote on whether to proceed with a second lockdown, Sir Graham said: ‘I think it is a very interesting question because I think opinion in the country and in parliament is starting to move.’ 

His comments came after Baroness Hale lashed out at the Government’s use of draconian powers and at Parliament’s apparent willingness to allow ministers to act without normal levels of scrutiny.   

She claimed Parliament ‘did surrender control to the Government at a crucial time’ and urged ministers to now restore a ‘properly functioning constitution’.

She added: ‘My plea is that we get back to a properly functioning constitution as soon as we possibly can.’ 

In an essay seen by The Guardian, the baroness also said the way in which the powers were used had led to confusion. 

She said: ‘It is not surprising the police were as confused as the public as to what was law and what was not.’