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Health and Social Care Bill

moved Amendment No. 61: 61: Clause 124, page 69, line 46, leave out from ““unless”” to ““the”” in line 1 on page 70 The noble Lord said: My Lords, in the absence of the noble Baroness, Lady Stern, I have been asked to move the amendment in her name. I speak also to Amendments Nos. 61A to 61C. The Bill proposes that the Secretary of State has the power to make health protection regulations. This broad regulation-making power includes a power to enable others to impose restrictions and requirements on individuals through detention, isolation and quarantine. These amendments would conclusively remove any subjective element from these clauses and require any restriction or requirement to be proportionate, not only to the immediate aim of imposing the policy, but also to the risk to public health that it intends to meet. Will the Minister clarify the grounds for a judicial review of a decision to impose special restrictions or requirements? Will he also confirm whether, on judicial review of a decision to impose a restriction or requirement engaging convention rights, the court will be able to substitute its own assessment of proportionality, quash the decision and remove the restriction or requirement? Finally, do the Government accept that a decision to impose a restriction or requirement which engages convention rights must be made on evidence of risk to public health and proportionate to that risk? I beg to move.