This sounds like a very important ruling. The first successful court challenge against the lockdown regulations, as far as I know. The rules in Scotland were different to England were communal worship has been allowed throughout the last two lockdowns bbc.co.uk/news/uk-scotla…
Here is the official summary. Fascinating! Ties constitutionality to proportionality. Finds Scottish government had failed to show less restrictive measures would have achieved the public health aim judiciary.scot/home/sentences…
Wowzers - tracing concept of proportionality all the way back to Aristotle to read it into the 'constitution' when it concerns restrictions on worship.
Does anything enthuse our courts more than finding a way to use human rights principles without using human rights principles?
"Human rights? Let me tell you a story which begins 3,000 years ago..."
To be fair, the court does then go on to consider the human rights aspects, but this is a kind of constitutional back up argument
If I could be bothered to do the meme with the guy standing with a woman and looking at another woman walking past he would be the English court dealing with the protest cases against the Met Police and she would be this Scottish judgment on blanket bans under Covid regulations
This is the crux of the reasoning - the final bit of the proportionality exercise is showing less intrusive measures were not available
"failed to show that no less intrusive means than the Regulations were available to address their aim of reducing risk to a significant extent"
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First thing to say: this is another completely new system.
We have had national restrictions, local restrictions by separate regulations, the first lot of Tiers (1-3), a second national lockdown, new Tiers (1-3+) then Tier 4 added, third national lockdown
Now we have… Steps.
So, instead of being 4 tiers, there are 3 “steps”.
Step 1 is the most severe (confusingly as Tier 1 was the least severe)
Steps work like the Tiers, in that they apply to specific areas.
But at the moment, all we know is that Step 1 applies to all of England from 29 March
As I have said repeatedly over recent weeks, the right to *peaceful* protest should be protected and every attempt to diminish it should be opposed - *peacefully*.
The bill which this protest is supposedly about won’t make a jot of difference to violent protest, which is already unlawful and unprotected by human rights law.
The bill is troubling because it could criminalise a wide range of *peaceful* protests.
I appreciate there has been a lot of confusion about what the Police, Crime, Sentencing and Courts Bill is going to do.
Key to understand is police *already* have powers to impose conditions on protests if "necessary to prevent disorder, damage, disruption or intimidation".
Good thread.
Covid is almost the perfect example of where a public inquiry would be good for society:
- Hugely complex issue,
- politically charged so judicial approach an advantage
- a decade until the next (likely) pandemic so thorough process both possible and useful
- the idea that a public inquiry would be ‘too costly’ seems odd in this context where mistakes likely led to tens of thousands of lives lost *and* billions lost from economy
- Ultimately, the litmus test is whether the people who are saying “let’s move on and not rake over the coals” are the very people who are likely to be in the crosshairs from an inquiry.
- with power comes responsibility and scrutiny cannot be avoided forever
This is just wrong - legally. Protest has not been banned in total under the current lockdown. See the judgment of Mr Justice Holgate in the @ReclaimTS case from last Friday. Should be published this afternoon
"He also submits, correctly, that it is inappropriate to treat the 2020 Regulations as if they give rise to a blanket prohibition on gatherings for protest"
(I should point out that although I am specialist advisor to this inquiry I had no part in this report - as it happens my year long post ends today)
The Committee makes the important point that the regulations are very unclear as to how powers of enforcement can be used against protest (this point was not addressed in the Dolan case but does raise the possibility the regulations are not compatible with Article 11)