🚨Important changes to lockdown/self-isolation regulations from 5pm

The Health Protection (Coronavirus, Restrictions) (All Tiers and Self-Isolation) (England) (Amendment) Regulations 2021

£800 'house party' FPN & police can now access track & trace data

https://t.co/k9XCpVsXhC

“Large gathering offence”

As trailed by Home Secretary last week there is now a fixed penalty notice of £800 (or £400 if you pay within 14 days) for participating in an gathering of over 15 people in a private residence
Fixed Penalty Notices double for each subsequent “large gathering offence” up to £6,400

Compare:
- Ordinary fixed penalty notice is £200 or £100 if paid in 14 days
- Holding or being involved in the holding of a gathering of over 30 people is £10,000
Second big change:

Since September has been a legal requirement to sell-isolate if you test positive/notified by Track & Trace of exposure to someone else who tested positive

Police can now be given access to NHS Track & Trace data if for the purpose of enforcement/prosecution
This will make it easier for police to enforce people breaking self-isolation rules. Currently there has been practically no enforcement.

Data says only a small proportion of people meant to be self-isolating are fully doing so. https://t.co/LcwKfQ6PVx
But obviously this raises important human rights questions because police will be given access to information about our movements and social interactions.

They are only permitted to use that data for the purposes of Covid rules enforcement - but will they?
- Will data be kept safe and secure?
- Can police resist the temptation of using the data for other criminal enforcement purposes?
- Do we want the police having this information at all?
- Is enforcement going to make things better? Or make people less willing to share info?
As I said in the tweet quoted above, track & trace has mostly failed but we don't know if because police haven't been able to enforce. Could equally be lack of follow up, bad messaging, basic incompetence. As with all things Covid related, don't assume enforcement is the answer
Covid regulations table now updated https://t.co/5A0SJvCGWP
Important point made by @mikarv that the ability for the police to access Track & Trace data does *not* extend to data caught by the NHS phone app. See my thread on the self-isolation law https://t.co/Bn8WQJvMWn
I also made a YouTube video on the self-isolation law - nb. as the description says the self-isolation rules have subsequently been amended to reduce the isolation times down from 14 to 10 days in certain circumstances https://t.co/CxgnH6MekA
Good question. As far as I can tell (as usually you have to piece together two bits of law to figure it out) it is the contact details (including name, address), the notification of positive test/exposure, the period of isolation. So...
... should not include the details of who they came into contact with, however the police may be able to figure that out if they piece together multiple notifications given at the same time.
Don’t forget the police don’t necessarily want to be doing this either https://t.co/QUhfmMh03C

More from Adam Wagner

A short thread on why I am dubious that the government can lawfully impose charges on travellers entering the UK for quarantine and testing (proposed at £1,750 and £210)

1/

The UK has signed up to the International Health Regulations (IHA) 2005. These therefore create binding international legal obligations on the UK.

The IHA explicitly prevent charging for travellers' quarantine or medical examinations.

https://t.co/n4oWE8x5Vg /2


International law is not actionable in a UK court unless it has been implemented in law.

But it can be used as an aide to interpretation where a statute isn't clear as to what powers it grants.

See e.g. Lord Bingham in A v SSHD https://t.co/RXmib1qGYD

/3


The Quarantine regulations will, I assume, be made under section 45B of the Public Health (Control of Disease) Act 1984

https://t.co/54L4lHGMEr

/4


That gives pretty broad powers but I can't see any power to charge for quarantine. Perhaps it will be inferred from somewhere else in Part 2A?

But...
A year ago, the idea that you could close every restaurant, café and pub in the capital without a Parliamentary vote or even a debate would have been unthinkable. Today we have allowed government by executive decree and it now seems normal. Covid lawmaking has corroded democracy

To explain: since March, the government has used the Public Health (Control of Diseases) Act 1984 to pass lockdown laws - over 60 (I have listed them here
https://t.co/5Z1p3gVjbX).


The lockdown laws have imposed stringent restrictions on movement, freedom of association, family life, religion etc. But each and every lockdown law passed has used the super emergency procedure which allows the government to pass them without a parliamentary vote for 28 days

The government did this for months before MPs revolted at which point it promised to put any major changes before parliament first. It has done this since the three tiers in mid-October.

BUT...

(1) The govt is still only giving parliament about 12 hours to consider laws and the vote is a simple yes or no

(2) Changes to tiered areas are not considered major changes so these don't go to a vote until 28 days later by which time it has usually changed.

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