BC UK

🚨The new lockdown regulations are here: coming into force on Thursday

The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

Analysis below as I read them (thread)

https://t.co/adPk9PsE0j

32 pages, 13,891 words...

As expected, "No person may leave or be outside of the place where they are living without reasonable excuse" - back to the language of the Mar 2020 regulations

Again, there is a *non-exhaustive* list (because: "include") of reasonable excuses, now referred to as "exceptions"
What are the exceptions? There are many. There are 13 listed, but a number have sub-categories of exception, particularly Exception 1 (leaving home necessary for certain purposes). Here they are, except I can't fit them into four screen grabs!
Here's number 5
You might notice that these are many more than in the first lockdown [screen shot from first lockdown regs below] - though some have made a reappearance. Basically this is a more detailed and complex set of reasons for people to not stay at home.
In passing, this strikes me as a lockdown without much enthusiasm you must stay at home but here are a hundred reasons you may not have to. I'm not saying this is a bad thing - but I think legislating for this kind of thing is practically impossible. Library of Babel stuff
I won't go into the exceptions in detail as they are just so complicated. Will do a video tomorrow. A few pics:
šŸ‘‰Exercise alone or with 1 member of household, linked household, or if for informal childcare with a linked childcare household a child under 13. Or 1 other person
šŸ‘‰You can go out for "open air recreation" with the same people, which is different to exercise (this was the sunbathing exception back in the Spring, perhaps now is the snowman building exception?) ā˜ƒļø
šŸ‘‰Important exception to the being outside rule - carers of disabled people who need continuous care and child below age of 5 aren't counted - as previewed by the guidance. Sensible exception.

More from Adam Wagner

A year ago, the idea that you could close every restaurant, cafƩ 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.
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...
🚨Important changes to lockdown/self-isolation regulations from 5pm

The Health Protection (Coronavirus, Restrictions) (All Tiers and Self-Isolation) (England) (Amendment) Regulations 2021

Ā£800 'house party' FPN & police can now access track & trace data

https://t.co/k9XCpVsXhC


ā€œLarge gathering offenceā€

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 ā€œlarge gathering offenceā€ up to Ā£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.

More from Uk

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... šŸ§µā˜¢ļøšŸ“ó §ó ¢ó ³ó £ó “ó æšŸ‡ŗšŸ‡³

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


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
Yesterday, of course, Jeremy Corbyn launched his Peace and Justice Project, to much excitement on here. Laudable goals too:

Take on Murdoch āœ…
Green New Deal āœ…
Support for food banks āœ…
Speed up vaccine delivery in developing countries āœ…

That's all excellent.

I'm not sure if anyone can argue with those four aims: they're irrefutable and all massively important. You bet I'd like to see Labour doing likewise; you bet I'm frustrated that it's so quiet on all of it.

HOWEVER...

Contained within the announcement was exactly the same selective blindness which makes the entire thing all too easy to shoot down - and again, means Corbyn is pretty unlikely to persuade anyone who's not already persuaded.

The sort of blindness which makes me tear my hair out.

Peace and Justice - sounds great, doesn't it? So why did the Peace and Justice project proudly announce the support of a corrupt criminal not remotely interested in either of those


Rafael Correa, former President of Ecuador. Let's run through his record, starting with the positives.

Slashed poverty from 36.7% to 22.5% āœ…

Reduced inequality from 0.55 to 0.47 on the Gini index āœ…

So far, so good. Except, um...

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