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Let’s focus on the essential for a moment: the policy response to Covid. For the time being the disease is with us and while we are now in the “easing” phase, we’ll probably have to alternate between stricter and softer phases. How can we now ensure compliance (thread)
At the core of the Health Protection Regulation is this provision: a prohibition to leave the place where you are living with exceptions
There is one overarching exception: a “reasonable excuse”. The provision then enumerates examples.
The public statements by ministers in recent days seem to give individuals ample space to determine what is reasonable. Given that the lockdown exerts enormous pressure on everyone - and ideas of “reasonable” diverge - this means that the provision is starting to be pointless.
We need to move from a rule that is subject to what we can now call ”Cummings reasonability” to a different regulatory model. What option is available?
We can move from a lockdown model to a contact limitation model which is easier to enforce anyway (I did tweet about that before). Rather than allowing people to judge what they may or may not do, you have a strict rule with how many people you may be seen.
(If you look at the list of reasonable excuses, the UK is moving towards that model anyway). These rules would not allow for a broad category of exceptions.
Let me be clear on one point (responding to @Cyber_Mark ): I agree with @davidallengreen that, under the law, the reasonability test is not devoid of meaning. HOWEVER...
I think that the government‘s action of unconditionally defending what happened means this legal point might be moot in terms of the practical efficiency of the provision.
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