The Coronavirus Law, Or How Not To Draft Legislation Unless You're Trying For Herd Immunity Via The Back Door

I'm going to hazard a guess that if you're reading this you're aware of the Prime Minister's address to the nation, regarding the loosening of lockdown restrictions. You may be searching for answers; it's hardly like the actual changes were made clear.

I can't provide those answers yet. I'll probably write something new on the restrictions once I've read the published guidance tomorrow. I already have a few thoughts on that - the main one being 'who on earth other than myself dives into the House of Commons library and Legislation.gov.uk in their free time to find out what they can and can't do?' - but they'll also have to wait for a later time.

The situation is as clear as mud. And, just to add further sediment to the water, I'd like to start at the end.

In his address, Johnson stated that fines for breaching lockdown will be increased. Good. Positive start. For me, the main problem with lockdown has been that it hasn't been properly enforced. At least, the main problem with lockdown that isn't the fact that it has been subtly and gradually loosened through contradictory advice from the government has been that it hasn't been properly enforce. A deterrence through proactive policing isn't a bad thing. It's worked in France and Italy, and it would work here.

The problem is the regulations themselves. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 are pretty clear when someone is allowed out of their home. A person may leave their home when:

• Shopping for basic necessities for themselves or the member of a vulnerable household;
• They are obtaining or depositing money witha business specified in a schedule of the Regulations;
• Exercising, either alone or with a member of the same household;
• Seeking medical assistance;
• Providing care to another;
• Donating blood;
• Travelling to or from work (don't get me started on the wording of this as it's accidentally rendered all work outside your place of residence illegal - a classic example of rushjob legislation written by an idiot) or volunteering;
• Attending a funeral of a close family member;
• Fulfilling a legal obligation (such as attendance at court);
• Accessing critical public services such as social services;
• Taking a child to or from the other parent with custody or access when the parents do not live together;
• Going to a place of worship if a minister of that religion;
• Moving house;
• Avoiding injury or illness.

In short, quite a list. They're not reproduced verbatim; you can access them yourself if you're interested. The problem is that frequency isn't specified. Nor are activities that qualify as exercise, seeking medical assistance, etc. Interpretation depends upon the individual. The police have been issued with guidance, but this guidance doesn't have force of law.

Interestingly, a big deal was made of the restriction on personal exercise when lockdown measures were first introduced. The law itself at no stage makes reference to not being allowed to exercise more than once a day; this was only ever guidance without legal force. And that guidance has been loosened as time has gone on and the government has taken an increasingly populist approach. Neither was there ever a legal restriction on going out elsewhere to exercise, nor a proscription on different types of exercise. You know those people who went for a wander with a picnic in the park? Lawful excuse. Complete idiots, but when the law has been rendered unenforceable by virtue of being thought up by people without a clue, there's no legal recourse.

Also loosened - quietly, without telling anyone - have been the restrictions on freedom of movement outside the home. Again, you may remember there being a big deal made of the main reasons you could leave home. Those haven't changed; in truth, nor have many of the activities listed above. They were always legal; the government just didn't tell you about it. The fact is that the lockdown has, in fact, only ever related to the restriction of business practice with a prescribed list of businesses who may and may not operate.

So what of today's proclamation? Legislation.gov.uk interestingly says that there are no pending amendments to the statutory instrument that manages the lockdown; whether this is true or not we'll see tomorrow. So in short: nothing has changed other than the guidance now being provided by the government being much more wooly; there's much more scope now for people to abuse those regulations, particularly employers who wish for their staff to come to work as they haven't provided home-working facilities in the past. In my former place of employment - unless things have changed with regards to hardware and setup - many of the secretaries and paralegals will find themselves back in the office as the government has pretty much mandated it. The scope of exercise is now so wide that it's impossible to police, and will prove a go-to excuse for people flouting any kind of guidance.

Has anything changed legally? It appears not, and this is a problem. The law was far too loose as it was, and was never enough to allow the police to get on top of any real issues that could arise. Add to that the inherent contradictions that have run throughout the legislation. It's fine to go to work with 100 other people on a construction site or in an office, who will all go to different households, but you're barred from seeing your parents or children, even when you can maintain physical distance from them. One of those appears to be a far more obvious vector for the disease than the other, yet it is the one being encouraged as of this evening by the government. If the latter is banned, then the former must also be banned.

We will see more tomorrow. It may be that with the publication of additional guidance all will become more clear and more logical. It may also be that the enforcement of what limited regulations there are will be made easier by amending the existing law. What it doesn't disguise is that the existing law was absolutely inadequate - another example of rushed legislation not being up to the task, either by accident or design - and that the revised regulations appear to be contradictory and geared towards money rather than health.

Stay safe. Stay home.