- 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
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.
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.
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
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I'm going to do two history threads on Ethiopia, one on its ancient history, one on its modern story (1800 to today). 🇪🇹
I'll begin with the ancient history ... and it goes way back. Because modern humans - and before that, the ancestors of humans - almost certainly originated in Ethiopia. 🇪🇹 (sub-thread):
The first likely historical reference to Ethiopia is ancient Egyptian records of trade expeditions to the "Land of Punt" in search of gold, ebony, ivory, incense, and wild animals, starting in c 2500 BC 🇪🇹
Ethiopians themselves believe that the Queen of Sheba, who visited Israel's King Solomon in the Bible (c 950 BC), came from Ethiopia (not Yemen, as others believe). Here she is meeting Solomon in a stain-glassed window in Addis Ababa's Holy Trinity Church. 🇪🇹
References to the Queen of Sheba are everywhere in Ethiopia. The national airline's frequent flier miles are even called "ShebaMiles". 🇪🇹
I'll begin with the ancient history ... and it goes way back. Because modern humans - and before that, the ancestors of humans - almost certainly originated in Ethiopia. 🇪🇹 (sub-thread):
The famous \u201cLucy\u201d, an early ancestor of modern humans (Australopithecus) that lived 3.2 million years ago, and was discovered in 1974 in Ethiopia, displayed in the national museum in Addis Ababa \U0001f1ea\U0001f1f9 pic.twitter.com/N3oWqk1SW2
— Patrick Chovanec (@prchovanec) November 9, 2018
The first likely historical reference to Ethiopia is ancient Egyptian records of trade expeditions to the "Land of Punt" in search of gold, ebony, ivory, incense, and wild animals, starting in c 2500 BC 🇪🇹
Ethiopians themselves believe that the Queen of Sheba, who visited Israel's King Solomon in the Bible (c 950 BC), came from Ethiopia (not Yemen, as others believe). Here she is meeting Solomon in a stain-glassed window in Addis Ababa's Holy Trinity Church. 🇪🇹
References to the Queen of Sheba are everywhere in Ethiopia. The national airline's frequent flier miles are even called "ShebaMiles". 🇪🇹
