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 Broadcast 23 March 2020

 

LEGISLATION

(Amendments)

 

Memorandum [including Para 5. "European Convention on Human Rights 5.1 The Secretary of State for Health and Social Care Matt Hancock MP, has made the following statement regarding Human Rights: “In my view the provisions of The Health Protection (Coronavirus, Restrictions ) (England) Regulations 2020 are compatible with the Convention rights.” and

Para 12.1 "An Impact Assessment has not been prepared for this instrument ... however, Office of National Statistics data indicates that these closures will affect 13.1% of the UK’s business units." 

Para 13.1 "The legislation applies to activities that are undertaken by small businesses."

 

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 - (26 MAR 20) (22 APR 20) (13 MAY 20):

 

"The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), [Health protection regulations: domestic] 45F(2) [Health protection regulations: supplementary] and 45P [General provision about regulations] of the Public Health (Control of Disease) Act 1984(1). [See also 45R Emergency procedure

 

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.

 

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

 

In accordance with section 45R [Emergency procedure] of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament."

3 - The emergency period and review of need for restrictions

3(2) - (2) The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16th April 2020.

6 - Restrictions on movement

6.2(b) - to take exercise either alone or with other members of their household

Public Health (Control of Disease) Act 1984 - Original unamended Legislation PDF

37 - Removal to hospital of person with notifiable disease.

38 - Detention in hospital of person with notifiable disease.

45E - Medical treatment - 45E(1) & (2) re: vaccination and other prophylactic treatment.

45G - Power to order health measures in relation to persons

Duty of Care and Informed Consent

35- Medical examination  35(1) "If a justice of the peace (acting, if he deems it necessary, ex parte) is satisfied, on a written certificate issued by a [singular?] registered medical practitioner nominated by the local authority for a district

Adult Court Bench Book - implications re: non-COVID compliance?

Amendment – April 202

• Page 10 Mental health treatment requirement

• Page 14 Information on location monitoring 

• Page 31 The Surcharge amounts payable were increased for offences committed on or after 14 April 2020 ... method of calculating the total surcharge payable has changed

• Page 126 Information on the approach to council tax enforcement has been amended.

--

• Page 181 (118,119 & 120) - Utility Warrants and FIT Meters - general implications re: bulk court and warrant applications with no paperwork required?

 

Government Coronavirus updates and more

 

UPDATE 18 MAY 20: Northern Ireland to allow groups of six people to meet outdoors in further easing of lockdown. Also, "Churches are now allowed to open for private prayer and can hold drive-through services so long as worshippers remain in their cars."

 

UPDATE 11 MAY 20: 'Coronavirus outbreak FAQs What you can and can't do' (PDF & blog)

"As with before, you cannot: visit friends and family in their homes, exercise in an indoor sports court, gym or leisure centre, or go swimming in a public pool, use an outdoor gym or playground, visit a private or ticketed attraction, gather in a group of more than two (excluding members of your own household), except for a few specific exceptions set out in law (for work, funerals, house moves, supporting the vulnerable, in emergencies and to fulfil legal obligations)" 

The information and public messages (nudges) associated with this and any government strategy, needs to be timely, accurate and transparent to all concerned, including decision makers and members of the public. 

UPDATE 14 APR 20: "Lockdown will stay in place until at least May 7" (16 APR Transcript & The Times) 

 

UPDATE 04 APR 20Downing St COVID19 letter sent to all households with advice - "Coronavirus Stay at Home to Protect the NHS" page1, pages 2&4, pages 3&8page 5 and pages 6&7.

 

UPDATE 26 MAR 20: The following Legislation came into force at 1pm 26 Mar 20 - The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. "The Secretary of State must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16th April 2020."  (See current & amended versions)

 

UPDATE 23 MAR 20: UK Prime Minister announcement"... we will immediately: close all shops selling non-essential goods,​ including clothing and electronic stores and other premises including libraries, playgrounds and outdoor gyms, and places of worship; we will stop all gatherings of more than two people in public – excluding people you live with; and we’ll stop all social events​, including weddings, baptisms and other ceremonies, but excluding funerals. Parks will remain open for exercise but gatherings will be dispersed." (Transcript and BBC)

 

Government Coronavirus Advice

 

 

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AUSTRALIA

 

Coronavirus tracing app COVIDSafe released by the Australian Government.

  • "Prime Minister Scott Morrison has flagged the app as being essential for Australia to be able to ease coronavirus-induced restrictions across the country.
  • Using Bluetooth technology, the app "pings" or exchanges a "digital handshake" with another user when they come within 1.5 metres of each other, and then logs this contact and encrypts it ...
  • If a person with the app tested positive to COVID-19, and provided they consent to sharing the information, it will be sent to a central server.
  • From here, state and territory health authorities can access it and start contacting other people who might have contracted coronavirus

 Broadcast 25 April 2020

 

If this was made compulsory would all people be free to 'roam' or could they be curtailed, or remain in lockup? What if an adult or child, old or young, doesn't own a phone? Or only owns an old phone without bluetooth (smart app cabability, gps, etc.)? How is this approach similar and/or different to current UK 'tracking' powers, For example, from The Adult Court Bench Book in the use of:

  • "Curfew – with or without electronic tagging or police checks (further offences). This is usually used as a direct alternative to custody where the defendant receives a custodial sentence, they are entitled to credit for any time spent whilst electronically tagged." (p39)
  • "Location monitoring – (absconding, further offences and interference with witnesses). N.B This should only be used where the court is satisfied that without it the defendant would not be granted bail." (p40

What about personal safety?.

 

ITALY

 

Should vaccinations be compulsory? (BBC 30 Sept 2019 - including vaccination & herd immunity) If so, the effectiveness and quality of any vaccine to be used needs to be publicly known. 

 

For example, "The 'vaccinegate' of Italy. A study in Italy has found major contaminants in vaccines that are used the world over."

  • "Since January, Italy is witnessing a “vaccinegate”. In 2017, a lab in the country started studying seven common vaccines that prevent diseases like polio and hepatitis B. The results on four of the vaccines were released in December 2018 and have been in the news ever since, with even the country’s parliament discussing them.
  • The results show that not only all four vaccines carry contaminants, one does not even have the antigens in the form that can be absorbed by the body to develop immunity towards the target diseases. The four vaccines are used across Europe and even in India. What triggered the study was a law passed in 2017 by the Italian government mandating childhood vaccination. ...
  • Though the results have not been published by any peer-reviewed journal so far, the findings, if true, are quite alarming." 

 

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