Coronavirus: MLAs pass ‘cruel’ and ‘anti-democratic’ lockdown legislation

The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020, which overwhelmingly mirror similar legislation in GB, were put in place almost a month ago on March 28.

However, they were put into law late on a Saturday night and since then there has only been one plenary sitting of the full Assembly meaning that it was only today that MLAs met to formally approve the secondary legislation, something which they had to do within 28 days or the law would have ceased to have effect.

The sweeping legislation bans almost all public gatherings, closes most shops and all churches, prohibits anyone from leaving their residence without reasonable excuse and put in place fines or criminal sanctions for those who break the law.

Despite the legislation being one of the most significant acts in the history of Stormont, the new reality of life in the pandemic meant that the chamber was only populated by a scattering of MLAs who were spaced apart.

The MLAs present queued up to express their apprehension at the legislation – but said it was neccessary to reduce the spread of coronavirus.

SDLP MLA Colin McGrath said that the legislation was “draconian”, “scary”, and “anti-human rights” but that “we are not in normal times”.

He went on: “The response to this virus needs to be mammoth, restrictive, and even feel at times like it’s anti-democratic, with no normal time to debate or discuss these massive changes to the rules.

“The rules are harsh, and in some places they are somewhat cruel. To cause loved ones to have to die alone and then not permit a funeral, and then restrict who can attend the burial and then not let the family visit the graveyard is cruelty.

“But it is necessary in order to stop the spread of the disease and that will save lives. It’s cruel, but it’s necessary.”

Sinn Fein junior minister Declan Kearney said that the restrictions were “a necessary cost that we must pay to get through this emergency”.

Party colleague Martina Anderson said that “in normal circumstances, I would be speaking loudly against such restrictions at every opportunity ... but extraordinary measures are required”.

However, there was also outright criticism of some aspects of the regulations.

The DUP’s Jonathan Buckley said that for many people “the most basic form of grieving is the visitation of [a] grave ... I feel the regulations that are in place are cruel and unnecessary in this regard”.

Mike Nesbitt (UUP), whose mother died last month, said it was wrong that those grieving were barred from visiting the graves of their loved ones, something which he said naturally involved far more social distancing than was possible in somewhere like a supermarket.

He said that “the testimony of those [bereaved] people is heart wrenching”.

Quoting Mr Kearney who had said it was simply “a price we must pay”, Mr Nesbitt said: “I don’t think it is.”

TUV leader Jim Allister said it was clear many MLAs were – rightly – uncomfortable with the regulations, but that the law was “in the main, necessary”.

However, the criminal QC said it was now clear that the drafting of the regulations was imperfect and questioned why it was necessary to preserve the rights of people to go to an off licence, but they prohibit a citizen from going to a graveyard; you can go to the enclosed space of an off licence, but you cannot go to the open space of a graveyard. How preposterous is that? And yet that is what these regulations provide for.”

He said it was an “outrageous restriction” on what was a generally solitary act of grief and it was “a test of the humanity of the Executive” as to whether it would relax it.

DUP junior minister Gordon Lyons said that “in ordinary times these restrictions would seem abhorrent...but they are sadly necessary as we fight this invisible and deadly enemy”.

Top PSNI officer doesn’t know the law: Allister

It is alarming that a senior PSNI officer cannot adequately read the legislation restricting the public’s ability to exercise, TUV leader and QC Jim Allister has said.

PSNI officers have turned around a car taking an autistic child for exercise at a park and wrongly claimed that no one is allowed to leave home for exercise unless the exercise begins and ends at their front door.

Mr Allister said that a senior police officer had “made a fool of himself on the radio by blatantly misinterpreting these regulations” and that ”anyone who reads them would surely know that in regulation five there is no restriction on driving to a park for exercise. It’s quite clear”.

He added: “It doesn’t [do] anything for public confidence when an assistant chief constable can’t adequately read the regulations.”

However, echoing the PSNI’s interpretation of the regulations, Sinn Fein’s Declan Kearney emphasised the use of the words “the need” before the reference to taking exercise, adding: “So if someone needs to drive to take exercise, then they may do so. The PSNI will apply a test of reasonableness to that.”

Giving his own interpretation, Mr Kearney said that young children, an elderly relative or someone with a disability could be driven somewhere for exercise but that “a leisurely long drive to a resort or a beauty spot must now be off limits for this time”.

—— ——

A message from the Editor:

Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.

With the coronavirus lockdown having a major impact on many of our advertisers - and consequently the revenue we receive - we are more reliant than ever on you taking out a digital subscription.

Subscribe to newsletter.co.uk and enjoy unlimited access to the best Northern Ireland and UK news and information online and on our app. With a digital subscription, you can read more than 5 articles, see fewer ads, enjoy faster load times, and get access to exclusive newsletters and content. Visit https://www.newsletter.co.uk/subscriptions now to sign up.

Our journalism costs money and we rely on advertising, print and digital revenues to help to support them. By supporting us, we are able to support you in providing trusted, fact-checked content for this website.

Alistair Bushe

Editor