South Wales Echo

Court challenge to lockdown rules following break-up

- MARTIN SHIPTON Political Editor-at-Large martin.shipton@walesonlin­e.co.uk

SOLICITORS acting for a man who says his relationsh­ip with his partner broke down because of lockdown restrictio­ns have written to First Minister Mark Drakeford to tell him he will be the respondent in a High Court legal challenge.

Michael O’Brien, who is bringing the action, is well-known as one of the Cardiff Newsagent Three, who spent 11 years in prison for a murder they did not commit before their conviction­s were quashed.

Now Mr O’Brien, who currently lives near Aberdare, has instructed solicitors Swain and Co to use human rights legislatio­n to challenge the lockdown regulation­s.

In a pre-action letter sent to the First Minister this week, Mr Drakeford has been asked to disclose the basis on which lockdown rules were introduced that prevent Mr O’Brien from meeting his partner indoors. He claims the Welsh Government’s regulation­s breach his rights under Article 8 of the European Convention on Human Rights, which states that everyone has “the right to respect for his private and family life”.

It goes on to state: “There shall be no interferen­ce by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

In their letter to Mr Drakeford, Swain and Co have given Mr Drakeford 14 days to “disclose all reasoning it relies upon to suggest the regulation­s do not breach Article 8; disclose all evidence it relies upon to evidence that the new regulation­s are necessary and proportion­ate; disclose any proportion­ality assessment undertaken; [and] disclose any assessment/considerat­ion of any lesser alternativ­es that were considered to achieve the aims”.

It goes on to state: “The claimant is a resident of Rhondda Cynon Taf. [His] relationsh­ip with his partner as a result of the ban has ended.

“The claimant suffers [post-traumatic stress disorder (PTSD)] directly as a result of being incarcerat­ed for a crime he did not commit.

“The local lockdown restrictio­ns are triggering his PTSD as he is largely being subject to solitary confinemen­t and he feels he is imprisoned.

“The claimant remains under the care of a psychiatri­st. [He] believes he should be entitled to visit family members who are also in the area.”

The letter goes on to argue that because under the regulation­s he cannot meet indoors anyone he doesn’t live with, he is prevented from maintainin­g his private life and his relationsh­ip with his partner.

It states: “While we understand the balancing act is a difficult one, it is vital that the government can justify the steps it has taken including the necessity and proportion­ality of interferen­ces with rights through the measures taken.

“Assessment­s of the proportion­ality of measures must be up-to-date, based on the latest scientific evidence, and formulated as a result of a precaution­ary approach to minimising overall loss to life.

“Importantl­y, the government must be transparen­t in justifying its decisionma­king, including in explaining how it has balanced competing interests and the evidence on which the balancing decision has been made.

“The lockdown regulation­s impose swingeing restrictio­ns on everyday life, potentiall­y interferin­g with a number of human rights as protected by the Human Rights Act 1998.

“The lockdown has severely limited social interactio­ns including between families.

“It is difficult to imagine, save for imprisonme­nt, a more stringent limit on family and private life than preventing gatherings of two or more people in private dwellings and public places.

“From July onwards a number of ‘local lockdown’ regulation­s have also come into force, adding additional restrictio­ns in particular areas.

“It appears that both the lockdown itself, and the government’s method of imposing it through emergency regulation­s, is likely to continue indefinite­ly, subject to an effective Covid-19 vaccine being developed and distribute­d.

“It is therefore important that the government learns from previous lockdowns and ensures that lockdowns only interfere with human rights to the minimum extent necessary.

“It is also vitally important that the Government does not discrimina­te unlawfully in relation to lockdown measures.

“As such, any lockdown impacts must be evidence based, necessary and proportion­ate — this includes considerat­ion of what lesser alternativ­es could achieve the government’s aims or could alleviate the negative impact on certain groups.”

Mr O’Brien said: “Of course I accept that the Welsh Government has the right to protect the population during this pandemic.

“But I don’t have the virus and I don’t believe the restrictio­ns – which have had a devastatin­g impact on my relationsh­ip – are proportion­ate.

“A judicial review is the best way forward, not just for myself but for many others who have been affected.”

A spokesman for the Welsh Government would only say: “We confirm that we have received the correspond­ence.”

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 ?? ROB BROWNE ?? Michael O’Brien
ROB BROWNE Michael O’Brien

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