Tuesday 21 April 2020

Parliament - Joint Human Rights Committee 20 April 2020

Parliament's Joint Committee on Human Rights met during the afternoon of Monday 20 April. The session took place "online" and the key witness was Mr Robert Buckland MP - Lord Chancellor and Secretary of State for Justice.

The session -lasting about 3 hours - may be viewed at Parliamentlive.tv or, for a limited period, at BBC iPlayer.

The impact of coronavirus on the prison population (BBC News) and also on  jury trial in the Crown Court were discussed (Law Society Gazette) as well as civil liberty issues
raised by the coronavirus legislation. Mr Buckland said that the UK response to coronavirus represented a necessary “infringement” of human rights despite concerns that the emergency measures threaten to harm civil liberties in the longer term - (Financial Times).  Mr Buckland told the committee that photographs of mass gatherings “showing poor behaviour” were acceptable as a way of reminding people to stick to social distancing rules. But he urged officers not to name and shame people who had not yet “had a chance to explain their side of the story”, amid fears some forces have been too heavy-handed -  PoliticsHome 21 April.


The Health Protection (Coronavirus, Restrictions) (England) Regulations 20 permit "fixed penalty notices" for alleged breaches of the Regulations - see Regulation 10.  Mr Buckland informed the committee that the only way to challenge such a notice was by refusing to pay and risking prosecution. This report by The Independent refers to "fines" but, strictly-speaking, "authorised persons" (mainly the Police) issue fixed penalty notices. Where a person is issued with a notice in respect of an offence - (a) no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice; (b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.  In the event of conviction in the Magistrates' Court, a fine could be imposed.

Social distancing:

See the Sky News 17 April  report regarding "Clapping the NHS" on Westminster Bridge on 16 April.

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