Adam Wagner Profile picture
Jan 25 5 tweets 1 min read
No legal reason why it shouldn't be, as far as I know
I don't think Sue Gray should be *investigating* whilst the police are but that's a different point. Sounds like her investigation was basically complete.
And there is no possible reason not to publish the report about the gatherings which *aren't* being investigated by the Met Police
Aha just seen this - makes sense bbc.co.uk/news/live/uk-6… Image
Of course, by definition the parts of the Sue Gray report which will be published are the ones which she deemed not to suggest potential criminal offences so will likely be the "good" bits for the government

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More from @AdamWagner1

Jan 27
I read articles like this and it feels like there is a genuine rewriting of history going on - *I* didn't turn social activity into a criminal offence, it was the government - the same government who told us every day the rules were not trivial, they were deadly serious... 1/3 Image
... and the rules may have been inconsistent, or at times difficult to understand, and god knows I tried to help people with that, but 170,000+ people died and millions were infected with a potentially deadly virus. For anyone now to say, in a nakedly self-interested... 2/3
... attempt to build political cover, that this wasn't actually very serious, and it was trivial for those making the rules to also flagrantly and repeatedly breach them, and conceal those breaches, is an insult to the rule of law and obvious rewriting of history. 3/3
Read 4 tweets
Jan 26
The Equality and Human Rights Commission has changed its policy on trans rights - no longer supporting major changes to the Gender Recognition Act to de-medicalise the process. Says further research needed but does not explain what further research is needed to justify reform
Also does not explain on what evidential basis aside from “concerns” it has changed its position so significantly from its 2018 response to the GRA consultation.
Obviously it is correct that the debate around this issue is polarised but the EHRC should set out its full reasoning for this change in policy given its 2018 consultation response was itself detailed and evidenced equalityhumanrights.com/en/our-work/bl…
Read 4 tweets
Jan 26
The story is odd. They don’t accept that the slur the BBC initially reported with heard on the bus was not a slur, despite forensic analysis. Their explanation is circular, that CST confirmed by text their understanding, but surely they should go back to the original evidence?
… and decide whether it actually was a slur or not? Basic journalism, no?
Read 4 tweets
Jan 26
Interesting @UKSupremeCourt judgment confirming that carrying the flag of a proscribed organisation at a rally is a strict liability offence and human rights law doesn't alter that conclusion supremecourt.uk/cases/docs/uks…
Interesting comments on test for proportionality, adding a slight gloss to Lord Sumption's "4 requirements (or elements)" in Bank Mellat case. Not easy to follow but I think means least restrictive means has to be weighed against the legitimate aim in the proportionality analysis Image
My colleagues Joel Bennathan QC and @judebunting shortly-to-be QC acted for the appellant.
Read 4 tweets
Jan 25
I wonder if the Met Police are investigating misconduct in public office as well as coronavirus offences. If obviously illegal gatherings were organised by officials then I would have thought those offences would be considered by the police.
Misconduct in public office is a lot more serious than coronavirus offences which are summary only and likely to be fixed penalty notices. Misconduct is indictable only and can lead to prison sentences cps.gov.uk/legal-guidance… Image
Any gathering where there was evidence they were *deliberately* organised in breach of the law at the time (e.g. the ones where there is evidence of officials deliberately leaving via back exits) would arguably be misconduct in public office.
Read 4 tweets
Jan 24
If the facts of this are accurate then I can't see how it could have been lawful

19 June 2020 - indoor gatherings of 2 or more were banned unless it fell within a list of exceptions. Birthday parties (or any social gatherings) were not an exception

legislation.gov.uk/uksi/2020/350/…
The regulations had significantly changed by then from 20 May so that the "being out of the house without a reasonable excuse" ban had been replaced with staying overnight (legislation.gov.uk/uksi/2020/350/…) but the gatherings ban had been tightened to include indoor spaces
Just so you know I have popped out of my own birthday celebrations to look into this! If you fancy thanking me (-: please give a few £ to my @LawCentres fundraiser so at least some good will come of this mess justgiving.com/fundraising/ad…
Read 11 tweets

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