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:
👉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
👉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?) ☃️
👉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, 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.
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...

More from Uk

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

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

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% ✅

Reduced inequality from 0.55 to 0.47 on the Gini index ✅

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

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