BC LEGAL
Saved by @Mollyycolllinss

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”.

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I'm all for discussing Navaly's personal politics, and disagree with him on much, but saying the free world shouldn't stand up for someone jailed and nearly murdered because he's not Bernie Gandhi Mandela is bullshit. He's risking his life fighting a mafia dictatorship.

Plus, Navaly's politics as we know them (he's never held office), not coincidentally, largely reflect mainstream Russia, which is far from liberal by Western standards. This is probably a more useful topic anyway, tbh, esp re Crimea.

He's ambitious, as was/is Khodorkovsky. He has positions (again, no formal platform) that would make him acceptable to Russians should he ever get an actual chance at power. That makes him less acceptable to Western liberals, but they're always hoping for a Yavlinsky, a Nemtsov.

Navalny and his org fight Putin and corruption. They advocate for free and fair elections, for a democratic Russia that is part of the civilized world. As for his being xenophobic and pro-annexation of Crimea, congratulations, you discovered that he's Russian.

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More severe police injuries and deaths on that one day of rampaging Trumpers than in five years of Anti-Police protests.


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If people protesting police brutality for years had wanted to use their large numbers to attack, maim and kill police, they damn well could have.

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Which is completely different.

Why did the police suffer more at the hands of those who claimed to support them and waved their flags than at the hands of those who think they should be defunded or abolished?

Because one group is literally arguing for human dignity and the other glorifies violence.

The people who uncritically support police brutality are those who believe that instrumental violence should be a standard tool in response to those standing opposed to you.

Once you accept that... WHO is standing opposed to you doesn't matter much.
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