A quick thread about the legal issues surrounding the imposition of a “quarantine at a hotel” requirement for international travellers. These are initial thoughts: would welcome thoughts and contributions! NB I’m thinking about 🏴󠁧󠁢󠁥󠁮󠁧󠁿 only but this probably applies equally to 🏴󠁧󠁢󠁷󠁬󠁳󠁿.

The basic power is in section 45B of the Public Health (Control of Disease) Act 1984.
Subsection (2)(b) refers to the “detention, isolation, or quarantine of persons”.
So the legal basis looks clear. But regulations will also have to meet requirements of rationality. And since detaining people in a hotel room engages fundamental human rights (Article 5 of the ECHR), HRA tests of proportionality are in play too.
Though NB that Art 5(3)(e) ECHR expressly contemplates lawful detention for the prevention of the spreading of infectious disease.
A couple of issues strike me.
First, the government will need a robust case to explain why isolation at home (eg using apps, geolocation, or even tracking bracelets) is not an acceptable alternative.
There has been some suggestion that the legal powers don’t exist to permit that: but I have to say that I don’t immediately see why it doesn’t fit under (2)(b) - at least as a set of conditions compliance with which are an exception from the requirement to quarantine at a hotel.
(Eg, quarantine in a hotel unless you download the app/keep your phone on and with you at all times/wear a tag).
Another set of issues surrounds this point, from https://t.co/koelqtZELg
As I understand it, the requirement won’t be imposed on eg road hauliers (because our supply chain would collapse if it did). And what about ministers and foreign dignitaries (the G7 is in the UK in June)? But then the logic of the Whitehall official kicks in.
To adopt a metaphor, a requirement to make people stick their fingers in a hole in the dyke and stand there for 2 weeks looks questionable if water is flowing unchecked through another hole in the dyke.
There may be answers to that but they need to be articulated and thought through.
Another issue: Ireland. See earlier short thread. https://t.co/9Rfam0BG0S https://t.co/EV5NCLuDdu
If NI is not being treated as “abroad” for quarantine purposes, what is being done to coordinate quarantine rules with the Irish Government?
Written before I saw this thread: but note the overlap here between the legal issues and the practical issues. https://t.co/OjoZQeYLsE
To put the point shortly: if a : detention in hotel policy is backed by reasoning to show why nothing less intrusive will work, and if it is more than a “something must be done” gesture made pointless because of exceptions, it will probably be legally secure. But those are “ifs”.

More from Legal

BREAKING: at least six men that provided security for Roger Stone entered the #Capitol during the siege, per a @nytimes visual investigation.

All six are associated with the far-right #OathKeepers militia.

THREAD 1/

Story: https://t.co/abZlcVyaR6


2/ On January 5th, Stone appeared at the Supreme Court, glad-handing and being driven in a go-kart. Later he attended a rally near the White House.

As the @nytimes team shows, his security entourage featured a host of #OathKeepers...


3/ In the morning of the 6th, Stone stood outside the Willard InterContinental hotel, again flanked by men associated with the #OathKeepers.

Some of them, like Rob Minuta, have been named in prior


4/ Interesting detail: while scrutinizing the video of Roger Stone I spotted Rudy Giuliani exiting the same hotel.

Giuliani is accompanied by a man wearing the same outfit as Trump supporter John Eastman & other not-yet ID'd people.

Video source: https://t.co/Rure8TiQTp


5/ Now to the #Capitol: We see a several of Roger Stone's #OathKeeper guards amidst a larger group yelling at police. Video surfaced by the @CTExposers team.👇👇

https://t.co/NWsONDz0OA
GP State Department diplomats work for Pompeo, not the other way around. They should shut their yaps or quit.

Also, it's telling how much the horrible, illegal attacks on the Capitol have made establishment DC and its permanent bureaucracy quake in their boots.


GP The bureaucrats have always assumed they were untouchable, unassailable, protected. They assumed things would never change and that people in the hinterlands could safely be ignored forever because they're backwards hick Jesus-loving gun clingers and too dumb to listen to.

GP Government's overall disregard for ordinary Americans from treating us like bottomless wallets to trying to force us to believe as they do to ignoring basic legal and constitutional restraints on their actions built resentment over time and DC was blind to it.

GP When the hicks from the sticks got Trump elected, DC fought back against Trump and by extension them with everything at its disposal. Media pushed made up crap to hamstring Trump. Biden and Obama secretly used government to torment and assail an incoming administration.

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