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29 September 2020
Issue: 7904 / Categories: Legal News , Covid-19 , Constitutional law , Human rights
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Row brewing over Coronavirus Act

Coalition of civil rights groups call for Act to be scrapped
Human rights group Liberty has called on MPs to repeal the Coronavirus Act as it endangers civil liberties, ahead of a parliamentary vote on renewal.

The Act, which was passed in March, gives the government sweeping powers to respond to the pandemic. However, these powers were time-limited, and require the approval of MPs this week to be renewed.

Up to 80 Conservative MPs reportedly supported Sir Graham Brady MP’s attempt to table an amendment this week that would have given the Commons a vote on further pandemic restrictions. 

Labour were considering whether to support the amendment or table their own. Martha Spurrier, barrister and director of Liberty, writing in The Guardian this week, called the Act ‘the biggest restriction on civil liberties in a generation’. She highlighted the power given by the Act to the police to detain any suspected infectious person, which was ‘so broad it invites misuse’. Monthly Crown Prosecution Service reviews of the power had concluded all 44 suspected infectious people detained between March and May were wrongly charged.

Spurrier warned the Act allows government to postpone elections and close borders and, while it has been reported that it will lapse after two years, ‘read it carefully and you’ll see that any part of it can be extended for a further six months—with indefinite renewals possible, without prior parliamentary approval’.

Liberty was part of a coalition of 20 human rights groups, including Justice, Big Brother Watch and the Joint Council for the Welfare of Immigrants, urging MPs to scrap the Act. In a joint statement, they said the Act ‘weakens social care safeguards, leaving people without vital support. It removes protections for people experiencing mental health crises. It has created unworkable police powers that have been disproportionately used against people of colour. It threatens our fundamental right to protest’.

The 329-page Act contains a wide range of powers to stem the pandemic, including powers to restrict or prohibit public gatherings, including political protests. It suspends local authorities’ legal duty to meet people’s care needs, and removes the requirement for two doctors to sign off detention of a patient under the Mental Health Act 1983.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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