Barrister Warns of Creeping Denial of Normal Liberties

Guest Post by my friend, the journalist Laura Berrill

‘What is being attempted in the case of vaccine passports is the incremental denial of normal liberties in a democratic and liberal society’

Barrister calls out implications of the introduction of medical passes following implementation in some European nations

A seasoned and experienced barrister from Northern Ireland has spoken out about what many people in the UK now suspect will be the introduction of vaccine passports in England, following their introduction in parts of Europe.

Jonathan Dunlop B.L., has said that although he knows the Covid-19 virus has been a major issue and still could be, the introduction of such health passes is a step too far in terms of individual freedoms in any society that considers itself to be a liberal democracy. He added that this could have serious consequences for democratic and liberal societies across the world.

Mr Dunlop also added that because of the ‘emergency’, parliamentary scrutiny has been weak and the failure by much of the mainstream media to question the restrictions has also been glaringly absent.

“As a lawyer, on the one hand, you are instinctively respectful and deferential when it comes to authority and the rules, but at the very same time, one needs to question things and look for evidence. Cross examination is critical to finding the truth. When you question things the truth always emerges. What has worried me in recent months is that very lack of questioning,” he said.

More questions than answers

Mr Dunlop said that, like most of us at the start of the pandemic, there was the unknown of the severity of the virus and based upon what those in authority, such as the Government, SAGE or Public Health were saying - there would be a population wipe-out of ‘Biblical proportions’ so we all pulled together and knuckled down to restrictions and emergency regulations. He doesn’t think that those in authority can be blamed for this at the start, since it is clear no-one really knew what was happening of what the consequences might be. However, as time went on and we discovered more about the nature of the virus, governments did not go the route of trying to normalise society, but rather became ever more controlling with more restrictions, and he started to become more critical of the situation: “The more and more questions there were the less answers there were as well,” he added.

It was the introduction of vaccines for the 11–15-year-olds and the fact that the Health Secretary (and then the Northern Ireland Executive) ignored the JCVI’s advice they were unnecessary for that age range and got a second opinion from SAGE which prompted him to look into the spectre of vaccine passports. It was almost as if they wanted a different opinion.

“My views on this vaccination for children are two-fold. First, as a parent, the state is now interfering with parents’ roles in knowing and doing what is best for their children. I know more about my children, who they are and what they need than the state and then there’s the lack of knowledge over these vaccines. We have no idea what the long-term (or even the medium or short term) effects will be. Look at all the thousands of mothers who took Thalidomide having been assured by government, the medical profession and the pharmaceutical industry that it was a totally safe ‘wonder drug’. These vaccines are only authorised under emergency provisions in the health legislation because they are still in trials. Then there’s the case of informed consent – children are not aware of what they are consenting to.”

“I am not a so-called ‘anti-vaxxer’ (a term that is really used to stifle debate). I took the vaccine but I would point out that I don’t think it could be argued even I as an adult gave an ‘informed’ consent. I was not advised of any risks or consequences when I got it: there is more information as to possible consequences or side-effects on a box of paracetamol bought over the counter.”

A compelling argument

Mr Dunlop believes the looming presence of vaccine passports associated with these vaccines, as has now happened and the resulting division of society, is much cause for alarm.

“What is being attempted is a matter of creeping incremental denial of normal liberties. For example, the Northern Ireland Executive has now introduced vaccine passports for restaurants and bars, yet it is quite clear that they had no evidence as to their efficacy, nor did they conduct any cost/benefit analysis. there has been no debate or analysis of this by the NI Executive. The Northern Ireland Assembly is only getting to debate the matter after it has become law. Then there is the issue of compulsion. Despite being vaccinated, I do not want to be part of creating a division of society based on medical grounds. You have to ask where does this end – showing passes for not having HIV or even seasonal flu? The argument that it protects the NHS is bogus because, not only because it is now clear that the vaccine really only helps reduce the symptoms and if you follow the logic of ‘protecting the NHS’ then you could argue that a rugby player who breaks his leg, a smoker,  a heavy drinker or an obese person shouldn’t be entitled to treatment. The NHS was established on the fact that is is free at the point of access and it has always treated people so, no matter what. This should never be changed. Excluding the unvaccinated is quite an extraordinary point to have got to and incredibly dangerous.”

He also points out that the passes are a QR code on a smart phone which are mainly used by the young, not the old. Therefore, the older population would be more excluded, and the young (who need the vaccination much less) would be more compelled to use them.

A question of consent

Dunlop concluded: “I believe both in the individual and society pulling together. These passes are an intrusion on personal privacy and at the same time, compelling someone to take a medicine is fundamentally inconsistent with democracy and a liberal society.

“The cases of Austria and Germany are instructive. People learn so little from history and it doesn’t take long to forget what we have come from in the past. What is also shocking is this creeping authoritarian politics is mainly happening in western democracies.

“Elected officials need to start doing their job and scrutinising the executive and the media needs to get back to acting as an effective ‘Fourth Estate’. Even more importantly, people need to start thinking critically and this in large part has so far disappeared. Most people just want to go along with what makes their lives easier, but where do you start drawing lines? The bottom line is the imposition of vaccine passports cannot happen without consent and it only takes enough people to stand up and not comply..”

Ends

About Jonathan Dunlop

Jonathan Dunlop is a highly experienced junior counsel with an extensive commercial practice. He has acted for many large corporates, including PLCs, financial and regulatory institutions, insurers, banks, technology providers and energy suppliers. He has been counsel in a number of high profile and complex cases, including a significant number of reported decisions of the High Court and Court of Appeal. He has particular experience and expertise in professional negligence and insurance litigation, injunctions, judicial review and regulatory law, confidentiality and media law.

Jonathan is a member of the Northern Ireland Bar, the Commercial Bar Association of NI and the Administrative Law Bar Association.

About AVP (againstvaccinepassports.com)

AVP has been established with the aim of connecting like-minded local businesses with customers.

Its mission is to develop a UK-wide business network for the public and businesses concerned about the introduction of Health Passports to connect and support each other. The founders see that businesses who support the notion of freedom are feeling increasingly uncomfortable at the restrictions being imposed and want to be part of a community that promotes unification and inclusivity.