Some thoughts on the legality of hotel quarantine (thread)
- What will be the legal basis of hotel quarantine? I am guessing s45B(2)(b) of the Public Health (Control of Disease) Act 1984. Seems a pretty straightforward provision... /1
... but important questions about what detail will be.
- since likely to be a deprivation of liberty in human rights law will need safeguards.
- Will it need specific authorisation each time?
- regular reviews or will 14 days be compulsory?
- access to judicial review?
- As far as I understand Norway (another European Convention on Human Rights state) did this but without legal compulsion
- Interesting Human Rights question whether detention of *potentially* infectious people falls within article 5 exception (will depend in part on necessity)
I’m afraid to say that this behaviour may have been triggered in part by bogus advice going round the ultra orthodox Jewish community about how to get round the Covid restrictions. I have tweeted about it before
I have tried repeatedly to communicate with Rabbi Teitelbaum (whose leaflet I understand has gone to thousands of homes) as I guessed his constituents are not my followers on Twitter. I achieved some success in a leaflet being amended but not enough sadly
It has been pointed out to me, fairly, that there is another possible interpretation that if you attend with 15+ people (so there are 16+ people) you fall within the new rule. But the wording is ambiguous as it could be the *party* which has 15+
As I have pointed out a few times, the £10,000 Fixed Penalty Notice 'mega fine' has always been a strange aspect of the regulations enforcement regime.