🚨First set of amendments to the January lockdown regulations

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2021

66th Covid-19 criminal law change since Feb 2020

legislation.gov.uk/uksi/2021/53/p…
A number of relatively minor amendments... basically mistakes/oversights cleaning up from the 6 January lockdown (see thread)

Summary:
- No more Christmas bubbles (obvs)
- Now clear you can leave home to go to a library for digital access
- Sports venues can open for elite sport competition (!)
- Marriage now explicitly covers equal marriage (!)
- Canteens in colleges or student halls can open
One interesting change is that "or competition" has been added to 12(1)(c) of the Tier 4 regulations. This may sound minor but it highlights that the current law does not allow sports grounds to open for competition, just training!
And since these regulations come into force tomorrow, 20 January, that means, technically, the sports grounds opening today for elite sportspersons can only do so for training, not competition...

😬
It also means that all sports grounds which have been opened for elite sports competition since 6 January have done so illegally. I think.
Almost as if drafting complex criminal laws in secret and putting them to a vote in Parliament *after* they come into force and without any scrutiny at all might not be the best way of doing things
I don't think the addition of the Marriage (Same Sex Couples) Act 2013 means that before this change same sex marriage was prohibited as the 2013 Act allowed for same sex marriages under the 1949 Act which is included in the regs. Thoughts welcome though
Top barristering from Gary Grant who caught this on 6 January
I had a feeling there was something amiss but didn't quite see it as Gary did
Also, my regular moan - this is not a helpful way of publishing legislation which comes into force hours after you publish it

Please can we have a track changes version as has been the case in Wales throughout the pandemic

#BonfireOfTheOrs
I do Covid law updates for free but if you want to say thanks please give a few £ to this

I discussed with @LawCentres how much it would cost to pay a solicitor salary for a year. £29k. So £29k is the new target!

Let's get @LawCentres a solicitor!

justgiving.com/fundraising/ad…
I have updated my Covid regulations table docs.google.com/document/d/1ne…

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More from @AdamWagner1

19 Jan
Tonight's talk - not open access but will try to post a link to recording if I can
I'm told there will be a recording on YouTube
Have just been through my pinned Twitter thread to start putting together a basic timeline of the England lockdown. To be developed!
Read 4 tweets
18 Jan
Thank you for getting back to me.

Why would it not fall within volunteering or activities ancillary to voting? The literature included key dates to register to vote.

Perhaps more importantly, not for the police to enforce the ‘spirit of the legislation’ just what’s in it
I appreciate the police have a difficult job knowing what to do with this vague legislation but any political activity is protected by free speech rights and should not be limited by vague prohibitions (in fact if law is vague should be interpreted to protect speech not limit it)
Read 7 tweets
17 Jan
My goodness. Lord Sumption’s response to a woman with Stage 4 cancer asking why her life isn’t valuable is he didn’t say it isn’t valuable just “less valuable”. This is the figurehead of anti-lockdown movement - comes across as inhumane, almost grotesque
You can watch full debate below, it's actually really interesting. Lord Sumption robustly challenged. His key point seems to be about age. He says "it is absurd to say that the death of someone in their 80s is as tragic as someone in their 20s" (31:30) bbc.co.uk/iplayer/episod…
Where there are scarce resources (e.g. donor organs) you do have to have these horrific debates about who get priority. But to use the argument that some people's live are "more valuable" to protect in the context of lockdown vs. no lockdown is I think extremely problematic
Read 7 tweets
14 Jan
If Covid-19 had emerged in a liberal democracy rather than China, and the first response had not been enforced lockdowns, which *appeared* to work, enforced lockdowns would not have become the worldwide norm: discuss
I am genuinely interested in the proposition - enforced lockdowns (forcing people by law to stay at home) were a new thing. Struck me listening my podcast with @adamgopnik that it was by no means inevitable Italy, France etc would follow suit podcasts.apple.com/gb/podcast/bet…
I believe it was right to take novel and in some cases (travel quarantine, business closures, school closures) extreme measures to protect life. Covid is in many ways worse than any pandemic since Spanish flu. But enforced lockdowns should remain an open question
Read 10 tweets
12 Jan
Home Secretary: "The rules are very simple and clear... only leave home for a very very limited number of reasons... outdoor recreation but in a very very restricted and limited way"

Outdoor recreation was removed as a reasonable excuse for leaving home in lockdown regulations🤦‍♂️
The Tier 4 regulations used to include a reasonable excuse of taking "open air recreation" but it was removed in the latest lockdown
I get that everyone makes mistakes but ministers really need to be across most basic points - and this is the most basic, particularly given the national discussions over what "exercise" is over recent days. I assume this was a slip but I think the Home Sec needs to correct it
Read 6 tweets
12 Jan
I think the Cressida Dick is wrong to say that most people understand the rules. I made this video to help people understand the lockdown laws so they can follow them, but it’s not straightforward
Cressida Dick told Radio 4 that some people are outside without an “essential” reason. The legal requirement is a “reasonable excuse”. Just goes to show how misunderstood the rules are, contrary to her basic point!
But overall her points were fair - the vast majority of people are complying and the police don’t need extra powers especially a power of entry.
Read 5 tweets

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