Will Boris Johnson face Tory rebellion on ‘rule of six’ and 10pm curfew?

First retrospective vote will come to a head on Tuesday evening

(Getty Images)

Since the outbreak of the coronavirus pandemic, ministers have had extraordinary powers to bypass Parliament and implement emergency national measures aimed at curbing the spread of coronavirus.

As cases of infections have surged again in recent weeks – resulting in the reintroduction of stringent restrictions that were eased over the summer – backbench Conservatives and opposition MPs have grown increasingly frustrated at the last-minute, unilateral introduction of nationwide rules.

Channeling MPs' anger at the government's approach in an extraordinary intervention last week, the Commons speaker Lindsay Hoyle accused Boris Johnson’s administration of treating Parliament with “contempt” for pushing through sweeping restrictions in a “totally unsatisfactory” manner.

In a concession to disgruntled MPs, who were threatening to rebel over renewing the powers under the Coronavirus Act granted in March, the health secretary Matt Hancock promised the Commons a say on coronavirus restrictions of national significance and votes “wherever possible”.

The first retrospective vote will come to a head in the House of Commons on Tuesday evening when MPs are asked to approve the “rule of six” regulation – introduced in September – that limits social gatherings across England to just six individuals.

Despite opposition from a handful of Tory MPs who believe the measure is too intrusive and would like to see exemptions for children under 12 – as is the case in Scotland – it is expected to clear the Commons, given the prime minister’s considerable majority. 

Sir Keir Starmer also revealed the policy would receive Labour’s support, telling Sky News: “There are of course arguments about whether it should be six or a different number, I think clarity and simplicity is really important here, and therefore we will support the rule of six tonight.”

Ahead of the vote, the prime minister’s official spokesperson added: “The PM and chief whip have regular engagement with MPs. The rule of six is a measure designed to provide clarity to the public and halt the spread of the virus. The PM would urge MPs to support the measure.”

However, the concession outlined by Mr Hancock last week could result in a bigger headache for the government when the contentious 10pm national curfew on restaurants, bars and other social venues is retrospectively voted on.

The measure has drawn widespread criticism after videos of people crowding on to city centre streets and queuing for public transport as bars closed, circulated across social media. The owner of nightclub and bar chain G-A-Y has also revealed he is launching legal action against the government over the restriction, insisting it makes no sense and does the “opposite of protecting people”.

Sir Keir is yet to decide how to whip his MPs on the issue, but Labour has demanded ministers publish the scientific evidence behind the curfew after one member of the government’s Scientific Advisory Body for Emergencies (Sage) described the policy as “trivial” while another claimed the body had not discussed the curfew before its implementation.

However, the vote is also expected to attract a more significant rebellion among Conservatives than the ‘rule of six’. One Conservative MP who intends to vote with the government on the latter on Tuesday told The Independent of the 10pm curfew: “That’s a different matter – no decision yet!”.

In a clear message to would-be Tory rebels on Tuesday, the chancellor Rishi Sunak defended the controversial policy, telling the BBC: "The curfew was something we were told by our advisers could well make a difference to the spread of the transmission. In common with many other countries around the world this is thought to be something that can help suppress the spread of the virus.

"We are not an outlier in having a curfew. As a tool we have at our disposal to try and suppress the spread of the virus, it is one that is advised across the board can make a difference. What I would say is it is better than having places closed."

A division had been expected on the issue on Wednesday, but MPs are instead expected to debate the extension of local lockdown measures to parts of the north of England. The government has not yet decided when to hold a retrospective vote on the curfew.