- Entirely expected that the "take into account" duty, which has been interpreted by the UK courts as a duty to follow the European Court of Human Rights where it has clearly and constantly taken a particular line, is under review...
Here is the terms of reference and panel for the "Independent Review of the Human Rights Act"
Some initial thoughts
- Entirely expected that the "take into account" duty, which has been interpreted by the UK courts as a duty to follow the European Court of Human Rights where it has clearly and constantly taken a particular line, is under review...
This is such a diffuse and difficult question to answer and ultimately depends on your definition of "policy"...
Again, expected, this is really about a hobby horse of certain members of the government re the HRA applying to theatres of war abroad.
More from Adam Wagner
🚨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.
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.
Very important that obvious failures with Track and Trace and self-isolation (study late last year said 18% of people complying https://t.co/dhJUZ7Pm0l) are not painted as an enforcement issue. Plainly not. Would just pass buck to police who have almost no capacity to enforce https://t.co/Eb4Kl5Ze0E
— Adam Wagner (@AdamWagner1) January 25, 2021
🚨New lockdown regulations just published, in force tomorrow
The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021
https://t.co/L5jwlTDaIE
(Thread)
These are not a new set of regulations: they are amendments an old set of regulations
Which we thought were gone! But they are back
Welcome back No.3 regulations
A quick thing before we continue!
I have been analysing these laws for free for 9 months now - if you want to say thanks and have a few £ to spare please give to my @LawCentres fundraiser
They give free legal advice to people who need it
They also amend the All Tiers regulations
Oh god it's all amendments by paragraph references
Basically all of England now in Tier 4 and Tier 4 is amended but not by a huge amount
This really is a terrible way to make laws on the fly - who can possibly understand it?!
So, to explain, you need 2 documents open if you want to understand what is going on:
All Tiers regulations (Tiers 1-4, 2 December as amended) https://t.co/IraPQ112ak
And amendments https://t.co/L5jwlTDaIE
No sensible way of doing except by track changes, on it now, back soon
The Health Protection (Coronavirus, Restrictions) (No. 3) and (All Tiers) (England) (Amendment) Regulations 2021
https://t.co/L5jwlTDaIE
(Thread)
These are not a new set of regulations: they are amendments an old set of regulations
Which we thought were gone! But they are back
Welcome back No.3 regulations
A quick thing before we continue!
I have been analysing these laws for free for 9 months now - if you want to say thanks and have a few £ to spare please give to my @LawCentres fundraiser
They give free legal advice to people who need it
They also amend the All Tiers regulations
Oh god it's all amendments by paragraph references
Basically all of England now in Tier 4 and Tier 4 is amended but not by a huge amount
This really is a terrible way to make laws on the fly - who can possibly understand it?!
So, to explain, you need 2 documents open if you want to understand what is going on:
All Tiers regulations (Tiers 1-4, 2 December as amended) https://t.co/IraPQ112ak
And amendments https://t.co/L5jwlTDaIE
No sensible way of doing except by track changes, on it now, back soon
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...
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...
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https://t.co/6cRR2B3jBE
Viruses and other pathogens are often studied as stand-alone entities, despite that, in nature, they mostly live in multispecies associations called biofilms—both externally and within the host.
https://t.co/FBfXhUrH5d
Microorganisms in biofilms are enclosed by an extracellular matrix that confers protection and improves survival. Previous studies have shown that viruses can secondarily colonize preexisting biofilms, and viral biofilms have also been described.
...we raise the perspective that CoVs can persistently infect bats due to their association with biofilm structures. This phenomenon potentially provides an optimal environment for nonpathogenic & well-adapted viruses to interact with the host, as well as for viral recombination.
Biofilms can also enhance virion viability in extracellular environments, such as on fomites and in aquatic sediments, allowing viral persistence and dissemination.
Viruses and other pathogens are often studied as stand-alone entities, despite that, in nature, they mostly live in multispecies associations called biofilms—both externally and within the host.
https://t.co/FBfXhUrH5d
Microorganisms in biofilms are enclosed by an extracellular matrix that confers protection and improves survival. Previous studies have shown that viruses can secondarily colonize preexisting biofilms, and viral biofilms have also been described.
...we raise the perspective that CoVs can persistently infect bats due to their association with biofilm structures. This phenomenon potentially provides an optimal environment for nonpathogenic & well-adapted viruses to interact with the host, as well as for viral recombination.
Biofilms can also enhance virion viability in extracellular environments, such as on fomites and in aquatic sediments, allowing viral persistence and dissemination.
1/x Fort Detrick History
Mr. Patrick, one of the chief scientists at the Army Biological Warfare Laboratories at Fort Detrick in Frederick, Md., held five classified US patents for the process of weaponizing anthrax.
2/x
Under Mr. Patrick’s direction, scientists at Fort Detrick developed a tularemia agent that, if disseminated by airplane, could cause casualties & sickness over 1000s mi². In a 10,000 mi² range, it had 90% casualty rate & 50% fatality rate
3/x His team explored Q fever, plague, & Venezuelan equine encephalitis, testing more than 20 anthrax strains to discern most lethal variety. Fort Detrick scientists used aerosol spray systems inside fountain pens, walking sticks, light bulbs, & even in 1953 Mercury exhaust pipes
4/x After retiring in 1986, Mr. Patrick remained one of the world’s foremost specialists on biological warfare & was a consultant to the CIA, FBI, & US military. He debriefed Soviet defector Ken Alibek, the deputy chief of the Soviet biowarfare program
https://t.co/sHqSaTSqtB
5/x Back in Time
In 1949 the Army created a small team of chemists at "Camp Detrick" called Special Operations Division. Its assignment was to find military uses for toxic bacteria. The coercive use of toxins was a new field, which fascinated Allen Dulles, later head of the CIA
Mr. Patrick, one of the chief scientists at the Army Biological Warfare Laboratories at Fort Detrick in Frederick, Md., held five classified US patents for the process of weaponizing anthrax.
2/x
Under Mr. Patrick’s direction, scientists at Fort Detrick developed a tularemia agent that, if disseminated by airplane, could cause casualties & sickness over 1000s mi². In a 10,000 mi² range, it had 90% casualty rate & 50% fatality rate
3/x His team explored Q fever, plague, & Venezuelan equine encephalitis, testing more than 20 anthrax strains to discern most lethal variety. Fort Detrick scientists used aerosol spray systems inside fountain pens, walking sticks, light bulbs, & even in 1953 Mercury exhaust pipes
4/x After retiring in 1986, Mr. Patrick remained one of the world’s foremost specialists on biological warfare & was a consultant to the CIA, FBI, & US military. He debriefed Soviet defector Ken Alibek, the deputy chief of the Soviet biowarfare program
https://t.co/sHqSaTSqtB
5/x Back in Time
In 1949 the Army created a small team of chemists at "Camp Detrick" called Special Operations Division. Its assignment was to find military uses for toxic bacteria. The coercive use of toxins was a new field, which fascinated Allen Dulles, later head of the CIA
