Thread by @AdamWagner1

🚨 Just published (because it’s Sunday afternoon so why not!) - the criminal law which bans travelling on public transport without a “face covering” unless you have a “reasonable excuse“ legislation.gov.uk/uksi/2020/592/…

The regs come into force tomorrow (15 June) and as with four previous sets of lockdown regulations are so urgent that @MattHancock has used emergency powers to avoid parliamentary debate or vote for another 28 days - even though these powers have been previewed for *weeks* /2

What is a "face covering" you might ask?

Well, it's

😷a covering
😷of any type
😷which covers a person’s nose and mouth

So could be a face mask, a piece of material, metal, plastic... could it be your hands? I don't expect so but "of any type" is very wide indeed /3

Where does this apply?

Any public transport except taxis, school transport or cruise ships /4

Here's the bit many people will be worrying about... what is a "reasonable excuse" not to wear a face covering?
- non exhaustive list
- includes not wearing one because of any physical or mental illness or impairment or disability (within the meaning of the Equality Act...)

This is the definition of disability in s6 of Equality Act which is cross referred to (legislation.gov.uk/ukpga/2010/15/…) but definition in Reg 4 is wider, so doesn't require the "substantial and long-term adverse effect" bit - so why have reference to the narrower EA definition? Who knows

Also if you can't wear a face covering "without severe distress" then that is a reasonable excuse. That is a subjective and unclear phrase, who knows what it means? I suppose "the police"

Allowance for lip readers, that's good

If it is reasonably necessary for you to eat or drink then you can remove the face covering.

There are a number of other listed "reasonable excuses" but don't forget that as with the original lockdown regulations, this is a *non-exhaustive list* (because it says "include" - trust me!) so there are potentially other reasonable excuses

Sorry, my error, these are not regulations by @MattHancock they are by @grantshapps as he's the transport secretary

Enforcement powers are wide and familiar to those who have looked at the other lockdown regulations.
- Police can use reasonable force to remove someone from public transport if not covering their face without reasonable excuse
- Fixed penalty notices up too £100
- Prosecution

Don't forget these are the second set of major new criminal laws which have been introduced by executive fiat (no parliamentary vote or debate for 4 weeks) in the past 24 hours

https://twitter.com/AdamWagner1/status/1271454103244345350?s=20

As said, this govt has formed a habit of introducing wide-ranging 'emergency' criminal laws at drop of a hat hours before (or at the same time) they come into force. @GoodLawProject asked them how this could be justified, this was the response. Convincing? dropbox.com/s/xnnfcd0i62cy…

All very well arguing emergency so acute it needs immediate laws (e.g March – though even that is debatable) or (less plausibly) lockdown relaxation has to happen immediately. But face covering law proposed for weeks, why could it not be debated, voted then triggered when needed?