Coronavirus (COVID-19)—Rule of Law analysis of hotel quarantine Regulations published

Coronavirus (COVID-19)—Rule of Law analysis of hotel quarantine Regulations published

The British Institute of International and Comparative Law’s Bingham Centre for the Rule of Law has published a rule of law analysis of the Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021, SI 2021/150. The analysis questions the limited parliamentary scrutiny resulting from the Regulations being subject to the made negative procedure, in light of them creating a system of mandatory quarantine backed by criminal sanction. Additionally, the Regulations came into force less than three days after being laid before Parliament, which is arguably a breach of parliamentary convention that a negative statutory instrument won’t come into force until 21 days after it has been laid.

The analysis picks out the following key points:

• concerns have been raised due to the fast-tracking of the Regulations, which meant that individuals and businesses had less than one working day to understand the Regulations

• the analysis queries the government warnings’ accuracy that travellers who lie about having visited a red list country could face a ten-year imprisonment

• the Secretary of State’s ability to charge people for staying in a quarantine hotel may be in breach of the World Health Organisation’s International Health Regulations 2005 and may be ultra vires

• as the government has not conducted an impact assessment of the Regulations, it is unclear whether the measures introduced by the Regulations are necessary and proportionate to the situation

The analysis paper can be read in full here.

Source: Coronavirus, Hotel Quarantine Regulations (England) - A Rule of Law Analysis

Related Articles:
Latest Articles: