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George Peretz QC Profile picture
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25 Jan, 4 tweets, 1 min read
This letter from the EFTA Surveillance Authority about a 🇳🇴 quarantine proposal throws up some of the questions to which a lawful quarantine policy must have answers that stack up.
And NB that though the UK is not now of course bound by EU FOM, questions could arise under the Withdrawal Agreement in relation to the rights of pre-2021 EU residents with WA rights returning to the UK, as well as under Art 5 (and other articles) of the ECHR.
Also NB that any UK citizen now returning from holiday must have left before 5/1/21 (when this proposal was not being mooted).
I can see good public law arguments that they should not have to pay the costs of a quarantine that they could not have predicted when they left but now have to pay in order to get home.

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More from @GeorgePeretzQC

George Peretz QC Profile picture
25 Jan
A quick thread about the legal issues surrounding the imposition of a “quarantine at a hotel” requirement for international travellers. These are initial thoughts: would welcome thoughts and contributions! NB I’m thinking about 🏴󠁧󠁢󠁥󠁮󠁧󠁿 only but this probably applies equally to 🏴󠁧󠁢󠁷󠁬󠁳󠁿.
The basic power is in section 45B of the Public Health (Control of Disease) Act 1984.
Subsection (2)(b) refers to the “detention, isolation, or quarantine of persons”.
Read 18 tweets
George Peretz QC Profile picture
23 Jan
This also needs to be read by those advocating a “seal the border, zero-COVID” strategy for the UK.
As Brexit has taught us, the UK is not an island. It has a land border: and one that is impossible to close. If you don’t have coherent solutions to that issue, your policy isn’t a policy: it’s a letter to Father Christmas.
The only solutions which I can see are (1) treat NI as abroad for all purposes, including quarantine (and you need to be up front about the political and economic cost of that); or
Read 5 tweets
George Peretz QC Profile picture
23 Jan
Interesting piece by @dgbailey on Nissan. cardealermagazine.co.uk/publish/commen…
He’s right that this will be an area where subsidies to support production will be very closely scrutinised under the TCA - and note the power of UK Courts to review for TCA compliance under s29 of the EU (Future Relationship) Act and Art 3.10 TCA.
Also note the Commission’s interpretation of Article 10 of the 🇮🇪/NI Protocol, discussed here. eurelationslaw.com/blog/eu-commis…
Read 4 tweets
George Peretz QC Profile picture
22 Jan
One interesting aspect of this is this is that there are a number of voices asking questions about who has power to decide who has access to a major platform and what, in a democracy, is the legitimacy of their power to make that choice.
A number of critics of media empires have been making similar points for the last century or so. Quite often opposed by those very same voices.
These are difficult issues. But they are about power, and accountability for the exercise of that power, quite as much as they are about rights.
Read 4 tweets
George Peretz QC Profile picture
21 Jan
Interesting point from an expert in the practicalities of arranging tours which illustrates a wider point here.
My piece concentrated on the position under the Trade and Cooperation Agreement. That’s what I know about: and it’s a single public document that anyone can look up and get advice on.
If it is clear from the TCA that something is permitted across the EU then - armed with that - you can reasonably sensibly go and do it.
Read 11 tweets
George Peretz QC Profile picture
20 Jan
Good letter in the Times by leading musicians from all genres. Eg @spconnolly @StevenIsserlis @SirSimonRattle @bobgeldoffans @brianmaycom @OfficialSting and many others.
How to solve the problem? As explained in my piece, not easy to solve in the services provisions of the TCA.
What is needed is a new mobility chapter setting out general rights (which could be qualified) to allow short-term visa-free working by UK citizens in the EU and vice versa - along the lines offered by the EU and rejected by the current government for ideological reasons.
Read 4 tweets

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