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Adam Wagner
@AdamWagner1 5 years, 8 months ago 801 views

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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...

... Part 2A of the 1984 Act was brought in by the Health and Social Care Act 2008 which was expressly (see the Explanatory Notes) intended to implement the UK's obligations under...

The International Health Regulations 2005

https://t.co/PEfFjHNzpg

/5

Surely Parliament didn't intend for the powers under Part 2A of the Public Health Act 1984 to permit a minister to make regulations which breached the express requirements of the International Health Regulations 2005?

So how can the minister have power to impose charges?
/6

I may be missing something - let me know if I am.

I am also conscious govt may use a different power altogether to set this up, perhaps Schedule 21 of Coronavirus Act 2020? But that seems not quite right and still doesn't expressly allow for charging.

https://t.co/bWbHOOC4f4
/7

Thoughts welcome!

/end

More from Adam Wagner

Adam Wagner
@AdamWagner1

A short personal reflection on what happened yesterday.

I wanted to wait a bit before saying this as I think yesterday was for those who experienced the sharpest end of the disastrous breakdown between the Labour Party and Jewish people during the past 5 years.

I started talking about Labour antisemitism here in 2017 I think. My key aim was to try and act as a bridge between the left of the Jewish community and the left of the Labour Party. I used my platform on social media to do it and quite quickly I developed some back channels...

... to who I thought were sensible people in Jeremy Corbyn's office and Momentum. I kept those channels going for quite a long time. I found this paragraph from emails I exchanged in Spring 2018 with Laura Murray in Corbyn's office. It now seems quite prescient.

As I delved more into the issues and heard, privately, what was going on in the movement itself, I slowly and regrettably came to the conclusion that the issue was so serious it needed an "independent body" to come in. It was in Autumn 2018 that @antisemitism approached me...

... to assist in making a submission to the @EHRC to try and persuade them to enter the fray. I was skeptical, given the the UK's human rights organisations had stayed almost entirely silent (to this day, to their shame) on the issue, though I knew it was utterly necessary...

Adam Wagner
@AdamWagner1

🚨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.

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

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Adam Wagner
@AdamWagner1

🚨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

Adam Wagner
@AdamWagner1

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.

Adam Wagner
@AdamWagner1

This is a thread on human rights and the Coronavirus.

It will be a mixture of discussion, ideas and links and I will try to keep adding to it as things progress (THREAD)

I have been thinking about how human rights values and laws can help us traverse the next few months of deep crisis - across the planet.

We could 'suspend' or ignore human rights as a 'peace time nicety' as has happened in the past.

But to do so would be a huge error /1

As a preliminary, it is really, really important to understand that looking at the potential response to Coronavirus through a human rights lens does not generate any easy answers. I’m not going to offer any. /2

Another preliminary: as with response to terrorism (there are similarities here) it is natural that when people are frightened, critical voices raising ‘niceties’ like individual rights are seen as annoying and beside the point. They. Are. Not. We know that from history. /3

What can human rights offer? Well, for one thing this is exactly the kind of crisis which the modern human rights system was designed for.

I’m going to start with the general and then move onto the specific /4

More from Uk

Dr Anna Jerzewska
@AnnaJerzewska

Better late than never. Here we go. What does this deal mean for borders, border formalities, customs & trade facilitation?

Long one. TL:DR very little at the moment but has potential

/1

Lots of stuff on technical barriers and customs cooperation. See @AnnaJerzewska for more on the latter. pic.twitter.com/3sC5xHD3Z8
— Steve Peers (@StevePeers) December 26, 2020

Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.

Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested

/2

On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.

The deal doesn’t help with that.

/3

Here is where we are:
☑️The UK will phase-in border formalities over 6 months (customs and SPS)
☑️The EU will introduce full formalities in 3 days (customs + SPS)
☑️Irish Sea border also fully operational in 3 days with some short-term SPS easements

/4

Pre-notifications (safety & security declarations) not initially required on the UK side, needed for imports into the EU.

So what's in the deal?

/5

Ian James Parsley
@ianjamesparsley

The DUP is literally entirely at fault for the Irish Sea Border.

Its MPs held the balance of power when the crucial decisions were made, and cast the defining votes which made sure there would be one.

Let us just remember...

1/6

Shortly after the Referendum a DUP MP went on the radio to say there were no checks and the Norway-Sweden border.

He refused to apologise and accept this error even when he was shown pictures of the checks...

2/6

Another DUP MP then *visited* the Norway-Sweden border and argued the UK-Ireland border could be just like it.

Again, she was told clearly that it would only be like it if the UK were as close to the EU as Norway is.

*She then cast votes to make sure it wouldn't be.*

3/6

DUP MPs were then warned *during a parliamentary debate* that too great a distance from the EU could lead to food shortages.

One literally replied: "We'll just go to the chippy".

4/6

The DUP was also constantly warned that any regulatory border for goods would apply in the Irish Sea, because it is easier to apply these things where vehicles are already naturally stopped. Over and over and over again it was told this.

5/6

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Martin Docherty-Hughes...
@MartinJDocherty

Just finished reading an article by Iain MacWhirter that is so full of demonstrable falsehoods & logical fallacies that it requires a firm response: So seeing as I’ve done one nuclear thread this week already, I might as well do another... 🧵☢️🏴󠁧󠁢󠁳󠁣󠁴󠁿🇺🇳

Iain is able to correctly identify that the submission that @SNP_SITW group made to the UK #IntegratedReview - and therefore wasn’t policy about an independent Scotland - but that’s where his grip on reality ends.

We called for unilateral disarmament, as I pointed out on Monday: https://t.co/DwHt9knqHh

Firstly, the easy part: our submission states @theSNP position clearly and unequivocally. It looks pretty unilateral to me \U0001f9d0 https://t.co/03btr7UBVh
— Martin Docherty-Hughes \U0001f3f4\U000e0067\U000e0062\U000e0073\U000e0063\U000e0074\U000e007f\U0001f3f3\ufe0f\u200d\U0001f308 (@MartinJDocherty) November 23, 2020

Iain chooses to elide the fact that our submission was clearly not about policy in an independent Scotland, and therefore seeks to portray our request to the UK Government to be serious about its own commitments to multilateral arms control treaties — like the NPT — as SNP policy

Despite revealing that he knows a thing or two about internal SNP procedures, he then goes on to conflate two unconnected things — our submission, and a putative conference motion that the democratically-elected conferences committee (not the Leadership) decided not to accept

Ian Dunt
@IanDunt

There's a tragic irony to Johnson's love of Churchill.

When Churchill became prime minister, he said: "I have nothing to offer but blood, toil, tears and sweat". He was honest about the severity of the situation and what it entailed. He didn't pretend everything would magically be alright.

Johnson's approach is the exact opposite. He runs from bad news like a dog from fireworks. He invents nonsense timetables by which everything will be fine.

He assumes the public need constant good news and sacrifices his own trustworthiness in order to provide it - it'll be over in six weeks, by Easter, by summer, by Christmas, by February, whatever.

It's equivalent to Churchill using his first speech as PM to insist the war will be over by Christmas.

Barrister's Horse
@BarristersHorse

SNP thread

1. Scotland's independence rested on the UK staying in the single market - that is why we saw repeated Brexit related litigation in the Scottish courts.

2. If an independent Scotland wished to join the EU, a hard border between Scotland & England would be required to protect the single market & prevent migrants using Scotland as a route into England.

3. Then there are the issues re currency & debt which would need to be settled before EU membership became a serious proposal.

Many in the SNP realise this, hence the divisions we're witnessing.

4. Just as the Brexit Party popularity waned after mission accomplished, the SNP's popularity rests on campaigning, rather than achieving what they're campaigning for.

Polls show that a hard border isn't popular in a country that relies heavily on tourism.

5. The SNP would have been better placed to set their sights lower & supported an Efta/EEA Brexit, but they went all out to stop the UK exiting the EU and ultimately lost.

A hollowed out cause is all that remains for the SNP, with no realistic prospect of success.

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Sir on how to sell low premium strangles yourself without paying anyone. This is a free mini course in

Few are selling 20-25 Rs positional option selling course.
Nothing big deal in that.
For selling weekly option just identify last week low and high.
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Fin Fang Foom

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The Fantastic Four

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Krishna and the False Vasudeva
#story

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Once Paundraka Vasudeva received a letter from Shishupala, stating that he wanted

protection from Krishna, because it was Rukmini's wedding and Shishupala thought Krishna would take away Rukmini.

Paundraka Vasudeva agreed and went to Vidarbha, the Kingdom of Shishupala, but failed to provide protection as Krishna took Rukmini away. Paundraka Vasudeva was

feeling sad. His Minister's cheered him.
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