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4 Feb, 4 tweets, 1 min read
Halfway through #ItsASin which is really extraordinary. But have to admit I got a little thrill when they name checked the 'Public Health Act of 1984'
Idiotically I hadn't twigged that 1984 was right during the first wave of HIV. Is it too late to start reading Hansard from the debates over the Bill?
Yes it is too late
Oh go on, someone tell me how I can find the dates of the debates on the Public Health (Control of Disease) Act 1984, struggling on Hansard

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More from @AdamWagner1

Adam Wagner Profile picture
3 Feb
This is very troubling footage. These are not detainees. I am dubious that there is a legal basis for the police using force. There is a power under the self-isolation regulations to use reasonable force to return somebody to the place they are supposed to be isolating ... /1
but as far as I know, people at barracks weren’t given formal notifications to self isolate (I hear people tested but not given results/ a letter sent by ‘Ready Homes’ telling them to self-isolate prob isn’t formal notification) and therefore there was no power of enforcement /2
In any case, I can’t see how the police can have known who was legally required to self isolate and who was not. We do not know the full facts but it is plausible the police have unlawfully assaulted this man

Regulations are here, see regs 2 and 10: legislation.gov.uk/uksi/2020/1045… /3
Read 4 tweets
Adam Wagner Profile picture
2 Feb
Some good news for those following scandalous conditions for asylum seekers at Napier Barracks. In its first judgment the High Court ordered a vulnerable asylum seeker to be transferred out in 24 hrs. @DoughtyStreet’s @leoniehirst acting for @dpg_law, I act in 2 linked cases
Really excellent hard work from the @dpg_law team @SueWillman @EmilySoothill and my brilliant colleague @leoniehirst. The four cases of vulnerable asylum seekers held in atrocious, dangerous conditions we act for will be heard at a permission hearing in 2 weeks.
The judgment was given orally but will he up I imagine quite soon. Some important ‘prima facie’ (preliminary) findings on the truly atrocious conditions on the site and confirmation that asylum seekers can lawfully be moved out under the self-isolation regulations.
Read 6 tweets
Adam Wagner Profile picture
29 Jan
🚨Important changes to lockdown/self-isolation regulations from 5pm

The Health Protection (Coronavirus, Restrictions) (All Tiers and Self-Isolation) (England) (Amendment) Regulations 2021

£800 'house party' FPN & police can now access track & trace data

legislation.gov.uk/uksi/2021/97/c…
“Large gathering offence”

As trailed by Home Secretary last week there is now a fixed penalty notice of £800 (or £400 if you pay within 14 days) for participating in an gathering of over 15 people in a private residence
Fixed Penalty Notices double for each subsequent “large gathering offence” up to £6,400

Compare:
- Ordinary fixed penalty notice is £200 or £100 if paid in 14 days
- Holding or being involved in the holding of a gathering of over 30 people is £10,000
Read 14 tweets
Adam Wagner Profile picture
27 Jan
Today is #HolocaustMemorialDay

I helped make this film with three survivors of genocide called The Warning Signs

We must remember and be vigilant genocide always begins with the denial of rights
Genocide doesn’t happen overnight. It comes in stages. If we ignore the denial of basic rights we risk repeating history

#HolocaustMemorialDay
Here is more on the 10 stages of genocide eachother.org.uk/ten-stages-of-…
Read 7 tweets
Adam Wagner Profile picture
26 Jan
Oh dear the "spirit of the law" is back

"Our view is that Tesco's actions go against the spirit of the law"
Power to impose prohibition notice is very wide and doesn't require that the local authority has identified breaches of the law.

But the vagueness of the 'spirit of the law' may not go down well with a court looking at necessity and proportionality.

legislation.gov.uk/uksi/2020/750/…
The 'spirit of the law' has haunted other public authorities' response to Covid enforcement recently 👻...
Read 5 tweets
Adam Wagner Profile picture
26 Jan
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)
Read 8 tweets

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