You may notice my view is basically: I can see the serious risks to liberties, I can see some possible benefits, as a policy it’s more justifiable in care homes than pubs. If it makes lockdowns less likely then I don’t think it can be fully discounted by libertarian arguments.
I get the Liberty/Big Brother Watch argument that it’s a slippery slope to state surveillance. But I have reflected for a while on the privacy based arguments against a centralised contact tracing app and wonder if we missed a trick there in preventing outbreaks with...
I am also concerned that people who are simply anti-vaccine (rather than bothered by the discrimination risk against people who can’t take the vaccine) and anti all measures to combat the virus may be driving some of the energy of the online opposition to vaccine passports.
I think there may be a version of this policy where the data is held privately in a way the venues could not access, and is not just vaccination but also testing and antibodies-based, which could make socialising safer. But it could also radicalise opposition to the vaccine...
... which would be a huge backfire. Sorry to be a bit of a fence sitter on this but there it is.
Ultimately human rights (as I have been saying since the beginning) are not meant to be absolute bar on policies which can help protect public health. There may be a proportionate version of this policy which protects from further outbreaks and helps normal social life return
I also think you can see this from a different point of view, human rights wise. If the logic of lockdown is we are all assumed to be infectious and therefore must collectively be prohibited social lives, it becomes essential to be able to prove we are not infectious.
Of course, if you do not accept the logic of lockdowns then you will never accept the logic of vaccine passports. Some will say “my freedom is not something to be given to me, it is something only I can give away”.
But the government does accept the logic of lockdowns (as do most governments across the world). You can start at a different starting point if you want, but it’s highly unlikely to change the policy preference. So we may be stuck with VPs as the means to mitigate that
I’m kind of with Lord Sumption on this!
You can also find the @BHumanPodcast on vaccine passports on YouTube - if you like watching things
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A lot of police officers fairly saying at the time of @ReclaimTS vigil report that HMICFRS has previously been critical of police. But this whistleblower suggests they have a particular political agenda when it comes to peaceful protest.
This also highlights how unclear the law remains. There is an exception for gathering if they protest organiser has submitted a risk assessment etc. But how is a *participant* to know whether the risk assessment has been submitted or is sufficient?
No doubt police will treat a protest which has become what they consider to be a public health risk as illegal. But if the organiser has gone through the necessary precautions, there is no illegality. Again, too much is in the hands of the police who are not public health experts
It is obvious now (if it wasn't before) that the Metropolitan Police were confused about the law even after the Holgate judgment on Friday afternoon.
What has been the impact of getting the law on the right to protest wrong during this lockdown?
As I and other lawyers acting for @ReclaimTS have said, the Met Police did not fully understand their legal duties to facilitate safe, peaceful protest.
Apparently @theJeremyVine saying that visiting a second home in England is currently illegal - this is wrong. It is currently legal. There is no *legal* restriction on travel and no legal requirement to stay at any particular home.
1/3
The only relevant legal question is whether you are part of an unlawful gathering. If you are just with your household indoors, or with your linked household, or fall into another exception, it doesn't matter where you are. See my thread 2/3
You can find the rules from tomorrow to "not before" 15 April in Schedule 1 to the Steps (💃🏻🕺🏻💃🏻🕺🏻💃🏻) regulations which is here: legislation.gov.uk/uksi/2021/364/…
The key thing to understand is that the "being outside home without a reasonable excuse" requirement will go.
What remains:
- Bans on gatherings "indoors" of 2 or more people
- "Outdoors" it's rule of 6 or two households
- Sports and childcare gatherings