My Early Day Motion to get fairness for all

TIME AND time again we have seen the Tory government break the rules they set themselves, with no apparent consequences. I know I’m not the only one who’s tired of it. So many readers have been outraged by the mounting evidence of alleged parties in Downing Street and other government buildings. It is especially shocking when you contrast it with all those who were playing by the rules, following lockdown restrictions.

I’m sure everyone has a story to tell from the pandemic about the sacrifices they made. Whether it is talking to loved ones over Zoom, speaking through a window or sitting metres apart in a park. There were even people who were not able to say goodbye to dying relatives or be there for the birth of their children. Most of us made sacrifices to protect each other and our amazing NHS.

That is why the Met Police’s initial refusal to investigate the alleged gatherings was so shocking. After all, many people didn’t get the same benefit of the doubt from the police. The Met Police were eventually left with no choice but to investigate ‘Partygate’, but it remains to be seen if those in power will avoid consequences once again. In another shocking example recently, Gillian Keegan – a health minister, of all people – admitted to continuing an in-person meeting with a group of people after she found out she had tested positive for the coronavirus.

It cannot be one rule for Johnson and his government, and another for everyone else.

Many will be shocked to learn that over 100,000 fines, or Fixed Penalty Notices (FPNs), have been issued since the start of the pandemic. Incredibly, they come with no formal right of appeal, which makes it extremely difficult for those who wish to challenge them.

A PLACE OF PRIVILEGE

That is not to assume that the fines were not justified – in fact, many of them will have been issued correctly. I also know that two wrongs do not make a right. Although I disagreed with some, the restrictions were, by and large, there for good reason: to protect us all from the virus, and the rules were supposed to apply equally to everyone.

FPNs allow people to pay a penalty instead of facing prosecution and a potential criminal record. They can range from £200 at the lower end - for example, the refusal to wear a face covering - to £10,000 for the most egregious cases, such as organised large gatherings.

The range of financial penalties show just how important it is to get the processes right.

It is extremely concerning that the Joint Committee on Human Rights found that a significant number of FPNs have been incorrectly issued. The committee further concluded last year that every Fixed Penalty Notice issued under coronavirus regulations must be reviewed; branding them“muddled, discriminatory and unfair”.

Additionally, a Crown Prosecution Service (CPS) review of prosecutions brought under coronavirus regulations that reached open court in February 2021, found that 27 per cent – more than one in four – were incorrectly charged, which is far from an insignificant number.

The Joint Committee on Human Rights review also found that many more penalties may have been paid by people too intimidated by the prospect of a criminal trial to risk contesting their FPN, even if they thought it was unjust. Imagine how many people could have paid the fine to avoid a criminal record, despite having a strong case to argue.

We have seen how unfair it is that privileged people often escape consequences, while some of the most deprived communities are targeted or are given a fine. An incorrect fine could have increased stress and hardship for many, during what was already a very tough time.

It doesn’t give me confidence in the system that, apart from the issue of FPNs, according to the CPS, every single criminal prosecution under the Coronavirus Act has been found to be unlawful. The government must learn lessons and ensure that when they ask the police to enforce a set of restrictions, that they are clear, understandable, and legally enforceable.

There is also racial bias built into the system which we cannot ignore. Important data from the human-rights organisation Liberty show that black people were seven times more likely to be fined than white people. This is yet more evidence of unfairness in the system.

I believe every person who was fined under coronavirus restrictions deserves the right to appeal. I do not assume innocence – my campaign is about ensuring fairness, equal treatment, and transparency for all under the law. It should be a basic right to be able to lodge an appeal to check if our case was handled correctly, as with many other offences.

I am calling on the government to establish a retrospective appeal mechanism to give all those who may have felt silenced a basic right of appeal. Strengthening checks and balances is a good thing for the accountability of our police service, as well as for our communities.

If readers wish to support my #AppealCovidFines campaign, then you can help by encouraging your MP to sign my Early Day Motion 894, and also sign and share the petition on my website. Together we can push for change and deliver fairness for all in how we handle coronavirus, and for any future pandemics.