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Emergency Powers and Civil Liberties Report AUG-SEPT 2020

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Emergency Powers and Civil Liberties Report AUG-SEPT 2020 AUG-SEPT 2020 @BIGBROTHERWATCH – EMERGENCY POWERS AND CIVIL LIBERTIES REPORT [AUG - SEPT 2020] – bigbrotherwatch.org.uk @BigBrotherWatch About Big Brother Watch Big Brother Watch is a civil liberties and privacy campaigning organisation, fighting for a free future. We’re determined to reclaim our privacy and defend freedoms at this time of enormous change. We’re a fiercely independent, non-partisan and non-profit group who work to roll back the surveillance state and protect rights in parliament, the media or the courts if we have to. We publish unique investigations and pursue powerful public campaigns. We work relentlessly to inform, amplify and empower the public voice so we can collectively reclaim our privacy, defend our civil liberties and protect freedoms for the future. Contact Silkie Carlo Director Email: [email protected] Madeleine Stone Legal and Policy Officer Email: [email protected] Emergency Powers & Civil Liberties Report: August - September 2020 Published: 19th October 2020 1 INTRODUCTION ........................................................................................................... 4 RECOMMENDATIONS ................................................................................................... 6 EMERGENCY LAWS ..................................................................................................... 10 HEALTH PROTECTION REGULATIONS ......................................................................... 11 The Health Protection (Coronavirus) (Restrictions on Holding of Gatherings and Amendment) (England) Regulations 2020 ............................................................. 11 The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment) (No. 4) (England) Regulations 2020 .................................................................................. 11 The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment) (No. 5) (England) Regulations 2020 ................................................................................. 14 Role of Parliament ............................................................................................... 16 Four week reviews ............................................................................................... 19 Accessible laws ................................................................................................... 19 Enforcement ....................................................................................................... 21 Lockdown prosecutions .................................................................................... 22 Lockdown fines ................................................................................................ 22 National divergence ............................................................................................. 24 Wales ............................................................................................................... 24 Scotland .......................................................................................................... 25 Northern Ireland ............................................................................................... 26 CORONAVIRUS ACT ................................................................................................. 27 Two-monthly reviews ........................................................................................... 27 Six month renewal ............................................................................................... 27 Schedule 21: detention powers ............................................................................ 29 Parliamentary debate ........................................................................................ 3129 Schedule 22: dispersal powers ............................................................................. 3229 NEW STATUTORY INSTRUMENTS .............................................................................. 33 Requirement to Self-isolate .................................................................................... 33 Face coverings ....................................................................................................... 3533 Role of parliament ............................................................................................... 3543 Enforcement ....................................................................................................... 3643 Contact tracing requirement ................................................................................... 36 Obligations of Undertakings .................................................................................... 41 LOCAL LOCKDOWNS ................................................................................................ 43 England ............................................................................................................... 43 Wales .................................................................................................................. 4344 Scotland ............................................................................................................. 4346 Northern IslandIreland .................................................................................................... 4347 NHS AND BIG TECH ................................................................................................. 49 ................................................................................................ 4350 Social media scraping .......................................................................................... 4351 BIOSURVIELLANCE .................................................................................................. 53 Face mask recognition ......................................................................................... 53 Thermal scanners ................................................................................................ 4354 CONTACT TRACING ................................................................................................. 57 ................................................................................................................. 6057 App .................................................................................................................... 60 COVID MARSHALS .................................................................................................. 66 HEALTH PASSPORTS ............................................................................................... 67 FREEDOM OF EXPRESSION ...................................................................................... 68 Freedom of assembly ........................................................................................... 68 Case studies .................................................................................................... 68 Free speech online .............................................................................................. 70 VIRTUAL PARLIAMENT ............................................................................................. 71 LOCAL AUTHORITIES ............................................................................................... 72 UNIVERSITIES ......................................................................................................... 73 INTRODUCTION This report charts the Covid response during the months of August and September. During this time, the period of ‘emergency’ legislation in any genuine sense expired. On 30th September, MPs took less than 90 minutes to debate and renew the draconian Coronavirus Act and all its executive powers to suspend elections, close ports, ban protests and detain ‘potentially infectious’ citizens. These extreme powers are now consigned to the statute books for a further six months. Even the controversial Schedule 21 detention powers – which are, as we have detailed in this and previous reports, responsible for a 100% unlawful prosecution rate under the Coronavirus Act – were renewed. The counter-terror years did not produce detention powers so extreme, arbitrary and unchecked that 100% of prosecutions were unlawful. The Health Secretary, devoid of evidence, defended the power as a “useful tool”. This is the language of a Minister amid a power grab. The controversial Act had sped through parliament on a three-day emergency timetable with barely a glance before the March lockdown on the promise of greater scrutiny in the weeks and months to come. It was a promise unfulfilled. As we wrote in our April report, three days to pass an Act of constitutional significance that incurred the greatest suspension of liberties in peace-time was far too little. It is dispiriting to report, six months later, only 90 minutes was afforded for parliamentary scrutiny and renewal of the Coronavirus Act. This is an “utter, utter disgrace,” as Sir Charles Walker MP put it. However, the backbench rebellion that ran alongside the motion signalled a direction change for how Parliament deals with the labyrinth of Covid Regulations, if not the Coronavirus Act itself. Backbench MPs, led by Sir Graham Brady, demanded prior debates and votes on statutory instruments with national effect and made a credible threat to inflict a government defeat if they did not get it. The Health Secretary gave a loose promise that prior votes will be offered only on “significant” national laws “where possible”, merely restating the
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