Category: emergency powers

Fiona de Londras, Daniella Lock and Pablo Grez Hidalgo: COVID passes and the ongoing abuse of ‘urgent’ law-making – UK Constitutional Law Association

Posted December 14th, 2021 in coronavirus, emergency powers, news, parliament, regulations by tracey

‘Later today the House of Commons will consider the Health Protection (Coronavirus, Restrictions) (Entry to Venues and events) (England) Regulations 2021, which introduce a system mandating the use of COVID passes (or, in formal parlance, “COVID status certifications”). These Regulations are being made using the emergency provisions contained in s. 45R of the Public Health (Control of Disease) Act 1984.’

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UK Constitutional Law Association, 14th December 2021

Source: ukconstitutionallaw.org

Parliament’s power needs to be restored after its ‘shocking’ marginalisation by government – UCL Constitution Unit

Posted April 21st, 2021 in constitutional law, coronavirus, emergency powers, government departments, news, parliament by tracey

‘The Constitution Unit has jointly written a briefing to all MPs – summarised in a letter in the Times published on 21 April 2021 – with the Hansard Society, Public Law Project and Bingham Centre for the Rule of Law warning that parliamentary accountability and control over decisions have diminished to a degree that would have been unthinkable before COVID-19. Individual MPs have also been shut out of participation, and the vast majority of Commons votes are now held by party whips.’

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UCL Constitution Unit, 21st April 2021

Source: www.ucl.ac.uk

‘No meaningful parliamentary debate or scrutiny’ of Covid laws, says former government legal chief – The Independent

Posted April 21st, 2021 in constitutional law, coronavirus, emergency powers, government departments, news, parliament by tracey

‘The British government’s former top lawyer has called for urgent changes to the way coronavirus laws are made after a year without any “meaningful parliamentary debate or scrutiny”.’

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The Independent, 20th April 2021

Source: www.independent.co.uk

Extreme lockdown laws extended for a further six months despite major Tory revolt – The Independent

Posted March 26th, 2021 in coronavirus, emergency powers, freedom of movement, government departments, news, parliament, political parties by tracey

‘Draconian lockdown laws imposed one year ago have been extended for a further six months, despite a major Tory revolt.
The Coronavirus Act – granting powers over everything from school closures and public gatherings to the detention of infected people – was renewed by MPs, by 484 votes to 76.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Fiona de Londras: Six-Monthly Votes on the Coronavirus Act 2020: A Meaningful Mode of Review? – UK Constitutional Law Association

Posted March 25th, 2021 in coronavirus, emergency powers, news, parliament, regulations, reports, time limits by sally

‘A year since the Coronavirus Act 2020 received Royal Assent, Parliament will today (25 March 2021) once more debate the Coronavirus Act 2020 and its effects, effectiveness, and continuation. The Coronavirus Act 2020 is a touchpoint in the legal and regulatory response to the pandemic.’

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UK Constitutional Law Association, 25th March 2021

Source: ukconstitutionallaw.org

Steven Chaplin: Review of Parliaments and the Pandemic – UK Constitutional Law Association

Posted March 8th, 2021 in constitutional law, coronavirus, emergency powers, government departments, news, parliament by tracey

‘As the pandemic moves into its second year, the effects on Parliaments, not only as legislating and accountability bodies but as institutions, are becoming more apparent. What began as a series of emergency measures imposed by government, generally supported by all parties, has given way to longer term concerns regarding government accountability and the sidelining of Parliament, along with some consideration and re-imagining of post-pandemic Parliaments.’

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UK Constitutional Law Association, 8th March 2021

Source: ukconstitutionallaw.org

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

Posted February 24th, 2021 in constitutional law, coronavirus, criminal justice, disclosure, emergency powers, forgery, government departments, imprisonment, news, parliament, rule of law, sentencing by sally

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

At-home early medical abortions should be made permanent, say advocacy groups – The Guardian

Posted February 19th, 2021 in abortion, charities, consultations, coronavirus, emergency powers, government departments, news by tracey

‘Covid legislation in England allows patients in first 10 weeks of pregnancy to take pills at home.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian

Posted February 19th, 2021 in coronavirus, emergency powers, government departments, international law, news, parliament, rule of law by tracey

‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Dolan’s latest lockdown defeat – UK Human Rights Blog

Posted December 4th, 2020 in appeals, coronavirus, emergency powers, freedom of movement, human rights, judicial review, news, public interest by sally

‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’

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UK Human Rights Blog, 3rd December 2020

Source: ukhumanrightsblog.com

Police can resume issuing instant £10,000 Covid fines – The Guardian

Posted November 18th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, government departments, news, police by sally

‘Police forces can resume handing out £10,000 fines for breaches of coronavirus regulations, the National Police Chiefs’ Council (NPCC) has said following discussions with the government.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

Covid-19: Assisted dying travel allowed during lockdown, says Hancock – BBC News

Posted November 6th, 2020 in assisted suicide, coronavirus, emergency powers, foreign jurisdictions, freedom of movement, news by tracey

‘People travelling abroad for the purpose of assisted dying will not be breaking coronavirus travel rules, the health secretary has said.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

High court rejects legal challenge over Dominic Cummings breach – The Guardian

Posted November 4th, 2020 in coronavirus, Crown Prosecution Service, emergency powers, freedom of movement, government departments, judicial review, news, police by tracey

‘The high court has rejected a legal bid to challenge a decision not to investigate Dominic Cummings’s journey from London to Durham at the height of the first coronavirus lockdown. Max Hill, the director of public prosecutions, said any decision to investigate Cummings must be made by the police. He did not have the power to interfere.’

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The Guardian, 3rd November 2020

Source: www.theguardian.com

Coronavirus: Priti Patel bans demonstrations during England’s lockdown – The Independent

Posted November 4th, 2020 in coronavirus, demonstrations, emergency powers, freedom of expression, freedom of movement, human rights, news by tracey

‘Demonstrations of more than two people are to be banned during the month-long lockdown in England, after ministers removed an exemption that has allowed protests to take place in recent months.’

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The Independent,3rd November 2020

Source: www.independent.co.uk

Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian

Posted October 28th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, government departments, judges, news, parliament, police by sally

‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Coronavirus: Students fined £200 over party at university halls – The Independent

Posted October 5th, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, universities by tracey

‘Two students have been fined £200 each following an illegal party in a university’s halls of residence, West Midlands Police has said.’

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The Independent, 3rd October 2020

Source: www.independent.co.uk

Ilford takeaway fined for serving burger after curfew – BBC News

Posted October 5th, 2020 in coronavirus, emergency powers, enforcement, fines, food, news, police by tracey

‘An east London takeaway has been fined £1,000 for serving a burger four minutes after the 10pm curfew.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Why Coronavirus Curbs On Our Liberty Need Better Scrutiny – Each Other

Posted September 28th, 2020 in constitutional law, coronavirus, demonstrations, emergency powers, freedom of movement, government departments, human rights, news, parliament by sally

‘In recent months there have been growing media reports of anti-lockdown protests, supported by conspiracy theorists, in which demonstrators have made bizarre and outlandish claims. The conspiracies – unsupported by scientific evidence – are often couched in terms of “civil liberties” and “freedoms”.’

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Each Other, 25th September 2020

Source: eachother.org.uk

Were the March 2020 lockdown restrictions lawfully imposed? (Part 1) — Emmet Coldrick – UK Human Rights Blog

Posted September 28th, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, government departments, health, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) contained the most draconian restrictions on the liberty of the general population ever imposed in England. They purported to create several new criminal offences (see reg. 9), including an offence of contravening a regulation that “… no person may leave the place where they are living without reasonable excuse” (see reg. 6) and an offence of contravening, without reasonable excuse, a regulation that (subject to limited exceptions) “no person may participate in a gathering in a public place of more than two people” (see reg. 7).’

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UK Human Rights Blog, 24th September 2020

Source: ukhumanrightsblog.com

New Covid fines of up to £10,000 come into force in England – The Guardian

Posted September 28th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, local government, news by sally

‘A new, more robust chapter in English coronavirus regulations begins on Monday, with fines of up to £10,000 for people who refuse to self-isolate when asked, and enforcement including tip-offs from people who believe that others are breaching the rules.’

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The Guardian, 28th September 2020

Source: www.theguardian.com