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
BUT...
(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.
(1) Hardly any votes/debates
(2) Debates so rushed and have no prospect of amendment that they become toothless
(3) Government deciding whether a change is "major" so even the anaemic scrutiny available is rare.
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...
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...
🚨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
More from Politics
Ruben Verastigui is (allegedly) a horrifying pedo monster and has been on the digital teams for the @SenateGOP, National @GOP and the Trump campaign. I didn't want to talk about him, but I think it's important.
The allegations against RV are among the most horrifying I have read. It involves possessing and sharing images of rape of infants and plans to take action in the real world of that nature. I don't really recommend reading the details, but they are here.
These allegations were first brought to light by @jaredlholt who has an excellent thread. He warns people that they may want to avoid the end of the thread because it includes shots of the specific allegations. I make the same warning.
RV was a main stage speaker at the 2013 March For Life.
RV did a headshot for Ronna McDaniel, GOP Chairwoman
The allegations against RV are among the most horrifying I have read. It involves possessing and sharing images of rape of infants and plans to take action in the real world of that nature. I don't really recommend reading the details, but they are here.
These allegations were first brought to light by @jaredlholt who has an excellent thread. He warns people that they may want to avoid the end of the thread because it includes shots of the specific allegations. I make the same warning.
NEW: D.C. Police arrested Ruben Verastigui -- a former "senior digital strategist" for the Senate Republican Conference -- on charges of distribution of child pornography resulting from a time span that allegedly included his time at the SRC. How I confirmed ID in thread (1/?) pic.twitter.com/AcZ7c2sBKb
— Jared Holt (@jaredlholt) February 6, 2021
RV was a main stage speaker at the 2013 March For Life.
RV did a headshot for Ronna McDaniel, GOP Chairwoman