Coronavirus: What would a UK state of emergency look like and how long would it last?

British government considering options for tackling Covid-19

While a number of countries across the world have declared a state of emergency in response to the global coronavirus pandemic, the UK has yet to follow suit as the government considers its options for tackling Covid-19.

The public has been urged to practice social distancing and those displaying symptoms have been told to self-isolate, but the country has yet to enter a nationwide lockdown of the kind seen in Italy, France, Spain and elsewhere.

Major sporting and cultural events across the UK have been cancelled for the foreseeable future, but restaurants, shops and many workplaces remain open, raising concern that Covid-19 is being allowed to readily spread throughout the population.

A number of new emergency measures are expected to be announced by the government in the coming week, with every Briton over the age of 70 to be told to stay at home, according to health secretary Matt Hancock.

He also said the NHS would stop non-urgent surgery and retrain medics from other specialisms to treat those with the disease.

But, should the government finally declare a state of emergency, what can we expect?

What is a state of emergency?

A situation in which a government is empowered to enact and enforce policies or laws that it would normally not be permitted to undertake. Under the Civil Contingencies Act 2004, a government can declare such a state during a natural disaster, pandemic/epidemic, civil unrest, or armed conflict.

Ministers will have almost unlimited primary legislative power. There will be little, if any, parliamentary scrutiny or control. During this period, there are only two pieces of legislation which cannot be changed: the Human Right Act 1998 and Part 2 of the Civil Contingencies Act 2004 (which specifically provides these additional primary legislative powers).

Who can invoke a state of emergency?

Only the Queen, on the advice of the Privy Council, or a minister in exceptional circumstances, has the power to introduce emergency regulations under the Civil Contingencies Act 2004.

How long would it last?

According to the legalisation, the duration of the regulations enforced under a state of emergency would be limited to 30 days – but may be extended by Parliament.

So what would a state emergency look like in the context of coronavirus?

Much has been made of the measures that could be enforced by the government.

A recent report in The Times said bans on public gatherings are set to be implemented, police will be handed the power to detain infected people and ministers will be able to close ports if there are “insufficient resources” to retain border security through customs and immigration officers falling sick.

The move would mark an escalation of the UK’s crisis plan, which critics had said was too relaxed after prime minister Boris Johnson resisted pressure to adopt some of the more draconian measures deployed by other European governments.

With scientists predicting that the virus will infect the majority of the population, such laws could stay in place for two years, The Times adds.

In general, under a state of emergency the government will have daily operational management, control and restriction of public services, utilities and telecommunications.

The government will also allow the Bank of England to provide unlimited liquidity and unlimited quantitative easing. Fuel may be state managed while the presence of the military could be enhanced.

Local authorities will play an active role in administering essential services, including housing, waste management and supporting vulnerable adults.