Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement
Except for areas affected by COVID-19 laws and guidelines, the law generally provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government routinely respected these rights.
In March, Prime Minister Boris Johnson introduced extraordinary measures, including curbs on the freedom of movement, to slow the spread of COVID-19 in England. These measures continued in force in some form at year’s end. From March 24 through May 13, the government instructed individuals they were only allowed out of their homes to purchase essential items.
COVID-19 legislation empowers police to enforce the evolving government guidelines. Police officers could issue fixed penalty notices (FPNs) to those they suspected of acting contrary to government guidelines on social interaction. FPNs allowed the accused to pay a fine rather than face prosecution for the offense.
On May 13, the prime minister announced changes that allowed those in England to leave their homes for outdoor recreation. The governments of Scotland, Wales, and Northern Ireland also began easing their lockdown restrictions in May. From May through year’s end, COVID-19 guidelines in all four nations of the UK were frequently relaxed or tightened to account for shifting trends in the spread of COVID-19 as well as public pressure to reopen schools and businesses. The prime minister announced that from July 4, lockdown laws in England would no longer provide legal restrictions associated with the government’s social distancing guidance. The other three nations made similar changes to their laws in July. Laws across the UK mandate some restrictive rules on social gatherings. As the spread of COVID-19 began to slow, the government took steps in July and August to loosen restrictions, allowing individuals to have small gatherings, return to the office and schools, and reopen retail businesses, restaurants, and pubs. The UK government passed laws in September that imposed additional restrictions called “local lockdowns” in areas where the virus was most prevalent. From November 5 until December 2, the prime minister imposed a lockdown across England to slow the spread of the virus.
In-country Movement: The home secretary may impose terrorism prevention and investigation measures (TPIMs) based on a “balance of probabilities.” TPIMs are a form of house arrest applied for up to two years to those thought to pose a terrorist threat but who cannot be prosecuted or deported. The 14 measures include electronic tagging, reporting regularly to the police, and facing “tightly defined exclusion from particular places and the prevention of travel overseas.” A suspect must live at home and stay there overnight, possibly for up to 10 hours daily. Authorities may send suspects to live up to 200 miles from their normal residence. The suspect may apply to the courts to stay elsewhere. The suspect may use a mobile phone and the internet to work and study, subject to conditions.
Exile: The law permits the home secretary to impose “temporary exclusion orders” (TEOs) on returning UK citizens or legal residents if the home secretary reasonably suspects the individual in question is or was involved in terrorism-related activity and considers the exclusion necessary to protect people in the UK from a risk of terrorism. TEOs impose certain obligations on the repatriates, such as periodic reporting to police. The measure requires a court order and is subject to judicial oversight and appeal.
In May a UK high court issued a preliminary ruling that the restrictions imposed on individuals under TEOs must be in accordance with the provision of the European Convention on Human Rights providing for a fair trial. The ruling allows those under TEOs to know the evidence against them and to contest the terms of their obligations.
Citizenship: The law allows the home secretary to deprive an individual of citizenship if officials are satisfied this is “conducive to the public good,” but not if this renders a citizen stateless.
In 2019 the home secretary started the process of revoking the citizenship of Shamima Begum, a 20-year-old British citizen by birth of Bangladeshi extraction who left the UK to join ISIS. Because Begum was British by birth, the home secretary could only cancel her British citizenship if she were a dual national. The home secretary asserted that Begum held dual citizenship with Bangladesh. Begum’s lawyers disputed that she had Bangladeshi citizenship. In August the Court of Appeal of England and Wales ruled that Begum should be allowed to return to the UK to have a fair and effective appeal against being stripped of her British citizenship. In November the Supreme Court held hearings on the home office’s appeal.