Compulsory vaccinations and prohibiting unvaccinated people taking part in parts of public life are policies which I imagine very few rights experts could have predicted being seriously proposed, let alone implemented, two years ago. Has the world changed? Have we?
18 months of lockdowns, death and disease have clearly had a profound effect on societies and politicians' conception of what personal liberty is. How to balance the risk of widespread death and disease with civil liberties? Are there right and wrong answers here?
(obviously, there are RIGHT and WRONG answers on Twitter because everything is either right or wrong with no middle ground but I'm talking about in actual policy making by policy makers with almost impossible choices to make)
There are contested facts but surely it is incontestable that a society riven by Covid, with overfull hospitals and hundreds dying a day, is to be avoided - "like the plague", as we say. But at what cost? And how do we know what the true cost is? Maybe we won't know until later
Take the "lockdown of the unvaccinated" - I know the reasoning, it is that the alternative is full lockdown, so at least there is some proportionality, as it is easy enough for most people to get vaccinated, and those who can't for medical reasons would be exempt.
But it is impossible to escape fact that a lockdown of the unvaccinated is not unlike a vaccine mandate. And it's not as if we avoided that in UK - currently unvaccinated have to isolate (lock themselves down) for 10 days if they come into contact with Covid. Vaccinated don't.
I'm not offering an answer - vaccine mandates in the form of employment and other civil sanctions are already here in the UK, and more severely in other parts of the world. Vaccines help protect society and individuals from Covid.
But the closer we get to a full mandate the harder it is to justify from a bodily autonomy perspective. We generally have a right to decide what medical procedures we undertake, though vaccines - which have personal *and* public health benefit - and are almost benign...
So as I have done throughout the pandemic, to the anger of many on this platform, I agonise, try and set out the balancing factors, thank the stars I'm not making policy, and generally find myself doing this
Has anyone got to the bottom as to whether there would be any way of retrospectively prosecuting (seems unlikely because of 6-month rule) or giving a fixed penalty notice for the No.10 parties? There used to be saving provisions for fixed penalty notices bbc.co.uk/news/uk-politi…
I'm sorry, the tweet above is wrong - the time limit is 6 months beginning on the date the prosecutor thinks it is sufficient to justify proceedings comes to the prosecutor's knowledge. See the CPS charging guidance (thanks to the person who sent it to me) cps.gov.uk/legal-guidance…
So in theory an offence last Christmas which only came to the CPS's knowledge recently could be prosecuted.
I don't know about Fixed Penalty Notices as I would need to look at the saving provisions to see if they can still be imposed.
The guidance still suggests that it will be NHS test and trace not the school which will give formal notification therefore triggering the legal duty to isolate
I have short comment piece in the Mirror on this story - I think that the "unofficial Christmas party" on 18 Dec 2020 with 40-50 people at No. 10 probably broke the Covid rules. /1
At the time (Tier 3), you could only have gatherings over 30 indoors if they were a "permitted organised gathering", but that would require households not mingling, or if "reasonably necessary for work".
/2
But a Christmas party was very unlikely to be "reasonably necessary for work"
Although not binding on a court, it is probably relevant that the government's own guidance at the time said this:
Last month I took part in a fascinating debate at @OxfordUnion on whether we should give up “liberty for safety”. Speakers included Lord Sumption, @ProfKarolSikora, @AllysonPollock and others. Really worth watching. This was my speech (our side won)