Adam continues to provide a valuable service given the inexcusable publication of these regulations just before they are made. The justification for using the emergency procedure (and so no Parliamentary scrutiny for a potentially indefinite period) is held by a gossimar thread.
It is a potentially indefinite period because it lasts for 28 days but only those days during a period in which Parliament is sitting. Regulations under the Civil Contingencies Act 2004, on the other hand, must be approved by Parliament within seven days irrespective.
One small (but not insignificant) observation. This appears to ban friendly sports matches or kicks-abouts. However, that would not be the case if one member set up a limited company and organised the matches. This is the level of absurdity to which this government has stooped.
A further point is that the Regulations, yet again, had no impact assessment. Consequently, the courts should give it little if any margin of appreciation: R (FACT) v Secretary of State [2020] EWCA Civ 649.
Very concerningly, and contrary to a Tweet by the Archbishop of Canterbury @JustinWelby last week, there appears to be an absolute ban on services of more than six people that are not weddings, funerals or 'life events' (Christenings,Bar Mitzvahs,Confirmations,etc). @AdamWagner1
There was no specific exemption in the No. 2 Regulations (which these amend). Services were permitted simply by reason of being in private or public places, indoors, which were not dwellings.
No additional exemption to the Rule of Six Regulations has been added that would preserve the right to hold religious services other than weddings, funerals and ‘life events’.
This is a very significant interference with Article 9 ECHR rights to religious worship and freedom. Irrespective of its justification at the height of the epidemic, how can it possibly be proportionate with around 5-10 deaths per day in English hospitals?
@Adrian_Hilton @JonathanSachs @chiefrabbi @MuslimCouncil @the_hindu @RCWestminster Please see above.
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