Lockdown Extension: Is it Legal?
The delay to the easing of lockdown restrictions has support in the scientific community but is it legally effective?
Today the Health Secretary signed the Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 that extend most of the lockdown restrictions. Originally these were due to end next Monday but that has now been delayed until 18th July.
Certain events such as weddings and commemorative events following a death will actually be allowed unlimited numbers but the delay will be a massive blow for the hospitality industry who may lose as much as £3 billion. That could severely damage a huge number of businesses (some of whom may never recover) and they might look to legal action as one option in their fight for survival.
The argument (first presented by Adam Wagner) is an interesting one and centres around Article 1 of the First Protocol of the European Convention on Human Rights. This is the right to peaceful enjoyment of property and doesn’t just include homes but extends to businesses as well. The right for a place of business to be open should generally not be interfered with but of course, for the past year or so, the closure of certain shops and venues has been a proportional response to the coronavirus.
In 2020 a legal argument based on an interference with Article 1 of the First Protocol would not have stood up to much scrutiny but with more people getting the vaccine and the threat of coronavirus receding there is perhaps more of a case to be answered.
Wagner limits himself to patrons who have had both jabs and focuses on nightclubs but we are talking about a spectrum. Even having the first vaccine reduces the severity of any symptoms and the likelihood of transmission. There has to come a point where the wide margin of appreciation given to the state is eroded and there is a good chance that we are approaching that stage if we are not already there.
In general I don’t think the lockdown extension is a bad thing. It seems to be supported by the science; it is only another four weeks; and it is worth trying to stop the spread of the Delta variant. However I also have sympathy for the business owners who feel let down. A legal challenge might not be successful but it would be a good warning shot across the bow of the government to let them know that the restrictions cannot last forever.
In this week’s episode of the podcast we have another tax case. When Mr Tooth struggled with the online form he did the best he could and explained his actions to HMRC. In this case they argued this was still a ‘deliberate inaccuracy’ and it was up to the Supreme Court to decide the meaning of that phrase.
Episode link: http://uklawweekly.com/2021-uksc-17/
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