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Emergency Powers and Civil Liberties Report [Mar 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] March - April 2021 Emergency Powers & Civil Liberties Report Published: 7th May 2021 Acknowledgements: With thanks to Sophia Turner for contributing research to this report. 1 Contents Introduction.................................................................................................. 3 Recommendations......................................................................................... 5 Emergency Law............................................................................................. 8 Health Protection Regulations..................................................................... 8 ‘Steps’ Regulations..................................................................................... 9 Role of parliament..................................................................................... 11 Accessible law.......................................................................................... 12 Enforcement............................................................................................. 14 Gatherings................................................................................................ 15 Fines........................................................................................................ 16 £10,000 fines................................................................................... 18 Postcode lottery............................................................................... 19 Prosecutions............................................................................................ 21 Travel Restrictions...................................................................................... 23 Enforcement........................................................................................... 25 Coronavirus Act.......................................................................................... 29 Two-monthly reviews.............................................................................. 29 Six-month renewal.................................................................................. 30 Unlawful prosecutions............................................................................. 33 Contact Tracing Requirements.................................................................... 35 NHS Covid-19 app.................................................................................. 36 Self-Isolation Requirement......................................................................... 38 ‘No Jab, No Job’ Policies............................................................................. 39 Freedom of Religion................................................................................... 41 Freedom of Expression.............................................................................. 42 Free speech online................................................................................ 42 Freedom of assembly............................................................................. 43 Clapham Common vigil........................................................................... 45 Other vigils.................................................................................... 50 #KilltheBill protests........................................................................ 51 Other protests................................................................................ 54 Covid-Status Certification.......................................................................... 58 Hospitality and nightclubs.............................................................. 59 Cinemas........................................................................................ 60 Theatres........................................................................................ 60 Retail............................................................................................ 61 Festivals....................................................................................... 61 Churches...................................................................................... 62 Role of parliament............................................................................... 62 Covid-status certification review.......................................................... 64 Events research programme................................................................ 66 National divergence..................................................................... 67 Operation Moonshot................................................................................. 68 2 Introduction This is our tenth Emergency Powers and Civil Liberties report. The report marks one year since we began scrutinising the impact of the Government’s pandemic response on civil liberties, with the publication of our first monthly report on 28th April 2020. Each month, we have documented and analysed complex Regulations, erratic policing, criminal justice failures and growing surveillance systems for the benefit of parliamentarians, making a series of recommendations to protect rights and liberties as well as public health. We are pleased to report that over the past year: • Our concerns about a lack of parliamentary scrutiny were raised repeatedly in parliament by the Shadow Health team and the Covid Recovery Group, leading to an assurance of prior parliamentary votes before lockdowns; • Over 60 MPs and peers signed our joint letter to the Home Secretary calling for an explicit exemption for the right to protest in the coronavirus regulations; • Lockdown exemptions for protest (albeit limited), mental health, and domestic violence reasons were added to lockdown Regulations, following our recommendations; • The Joint Committee on Human Rights, 13 rights groups, over 40 parliamentarians, human rights lawyers and Reverend Martin Poole backed our call for a review of every lockdown fine issued; • The CPS initiated monthly reviews of every charge and prosecution under the Health Protection Regulations and Coronavirus Act, in line with our recommendations; • The Government’s centralised contact tracing app was dropped in favour of a more privacy-preserving alternative; • The Department of Health launched public awareness campaigns explaining exemptions to Regulations which require the wearing of face coverings, in line with our recommendations; • The Government’s professed ban on political leafleting was lifted following our letter to the Cabinet Office; • 79 MPs have backed our pledge against COVID-status certification; among numerous other successes. However, our fears that Britain would enter a prolonged state of exceptionalism after passing a wave of extreme laws with little scrutiny have been realised. Exactly a year after coming into force, the draconian Coronavirus Act was renewed for a further six months on 25th March 2021, despite its historic rate of 100% unlawful prosecutions under the Act. What began as twelve weeks to “turn the tide” has expanded and morphed, with new restrictions becoming enmeshed in our public and private lives. 3 The remarkable vaccination programme, seeing over half of the adult population rapidly vaccinated, appears not to be deterring the Government from its plotted course towards authoritarianism. Rather, proposals for COVID-status certification signal a new era of intrusion, checkpoints and segregation, despite no public health benefit. There is no justification for the ongoing, systemic erosion of civil liberties, which far exceeds what is necessary to contain the virus. Extreme laws are now well-positioned to become normalised and permanent. We urge parliamentarians to be vigilant to ensure this does not happen, and to pursue the important recommendations in this report to preserve rights and liberties at this pivotal moment for our future. 4 Recommendations RECOMMENDATION 1: The Government must stop relying on complex and ever-changing criminal sanctions to enforce restrictions. Instead, clear, widely publicised and easily accessible guidance should be made available across a range of mediums. RECOMMENDATION 2: The Government and National Police Chiefs’ Council must explain to all police forces the difference between legislation, guidance and public health advice. It must also be made clear to members of the public what actions will result in criminal sanctions. RECOMMENDATION 3: It is unacceptable that mourners are facing intrusive and disproportionate policing. Police officers should approach memorial events with sensitivity and respect, rather than heavy-handed dispersals and fines. RECOMMENDATION 4: It is likely that thousands of Fixed Penalty Notices have been issued unlawfully under confusing lockdown restrictions. Police chiefs should urgently instigate a national
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