The lecture went well (well, I thought so: views may differ) and no-one asked any awkward questions about coronavirus regulations. So in lieu of that, a few quick thoughts about yesterday’s announcement.
The announcement yesterday was backed up by some pretty heavy firepower: “...potential discontinuation of study”; “we will not hesitate...”
That’s pretty strong stuff - getting thrown out of university is a far worse consequence that most people who breach coronavirus regulations will suffer. Threatening those sorts of penalties means you have to be very clear about what might trigger them.
First, who is this directed at? Boris Johnson has been widely criticised for referring to students as if they all lived on campus, boarding-school style, but this statement - from Universities Scotland! - falls into the same trap.
Some people were quick to argue that *obviously* it was just about students in halls. But that’s not what it says! And nor is it clear that this is what you’d want for a policy perspective anyway.
Students in halls are not a group neatly sealed off from students not in halls. If you think coronavirus is widely circulating in the student population you might well want the rules to go beyond those in halls. So what was it?
A journalist was given a halfway house answer: it’s about everyone, although it’s very much about those in halls.
That might be ok for guidance, where you’re asking people to make a judgment call. It is absolutely not ok when you are threatening people with being chucked out of university.
Secondly, what about this bit? Does it mean this requirement starts this weekend or that it is a requirement for this weekend only?
The FM had to issue a clarification on this point:
And then objected to a journalist who said it hadn’t been clear.
Now, the FM has the benefit of a law degree from *cough* Scotland’s best law school. But I really don’t think this was clear. If it was, it wouldn’t have been necessary for her to tweet a clarification.
If someone had asked me for advice on this I would have had to say I *thought* it was this weekend only but given how the statement was drafted I couldn’t be confident of the intention. That’s not good enough when you’re threatening people with getting chucked out of university.
(The interaction between paras 1 and 2 of the guidance is also very confusing, because if para 2 is this weekend only why does it overlap with para 1, which is not?)
Thirdly, we obviously can’t do this: not all students have phones capable of running the app and how would we enforce it anyway?
Fourthly, the statement didn’t recognise that lots of students work in bars and restaurants. Were they barred from going there? It seems not, but again that should have been clear on the face of the statement.
Everyone involved in this has been working in good faith and under great pressure of time. But if you are going to threaten to *punish* people you have to do that on the basis of clear and carefully thought through rules. You cannot do it this way.
Also, the Scottish Government has coercive powers here and can make regulations if it wants to, which has always involved careful drafting. If you circumvent that process by outsourcing coercion to a press release, this sort of stuff happens.
I am absolutely not suggesting that action was not needed here, nor am I taking a particular view on what that action should have involved. But on the one aspect I do know a bit about - drafting rules with punitive consequences - I am very disappointed with what had happened.
Postscript: I suspect the Scottish Government was quite happy to have outsourced rule-making, responsibility and punishment in the way it did yesterday. From various statements today, I equally strongly suspect that it now regrets it.
Bypassing the lawyers - pains in the neck who ask you a lot of stupid questions - is always attractive, but the hangover when you have to answer those questions in public instead can be head-splitting.
PPS. The question I would really like to know the answer to is this: who drafted yesterday’s guidance? SG or Universities Scotland?
PPPS. I should add that my own institution has now published guidance which is very good, and much better than yesterday’s statement (gla.ac.uk/myglasgow/news…). I say this because (a) it’s true and (b) I just phoned home and my dad’s first words were “Have you been sacked yet?”
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I’ve seen several people mocking the idea that champagne producers might want to produce UK-specific bottles, so it’s time for a fun bit of trivia: the UK is the world’s single biggest champagne export market. We drink more than the US - not per capita, but *in total*.
Doing my first live online lecture tomorrow morning and have included some coronavirus regulations to illustrate some points. Now regretting that as it might prompt some rather awkward questions about what is and is not prohibited...
These measures are pushing the limits of what universities can require students to do. And at the least it would be helpful to be much clearer about their scope: in part they read as if they are solely about university accommodation and in part they are expressed more generally.
Still, if anyone asks me tomorrow why I can go to a bar on Saturday night but they can’t I can reply “look, if you think I have a life you obviously don’t follow me on Twitter”.
I’m still astonished that, after what happened with antibody tests earlier in the year, the government is pitching a solution based on another technology that we don’t actually have, as if we’ve learned nothing.
Look, I’m just asking whether anyone has considered whether we could solve this problem by putting coronavirus on the blockchain?
It was good to speak to @estwebber for this piece, and it made me think about three different criticisms of the coronavirus regulations which get unhelpfully conflated on Twitter.
There are, broadly, four criticisms: (1) they are being made in an inappropriate way, bypassing Parliamentary scrutiny; (2) they are bad policy, infringing excessively on individual liberty; (3) they are badly drafted; (4) they are being published too close to taking effect.
(Sorry, I decided a four-way division made more sense than a three-way one for the purposes of this thread. I promise I can actually count.)
This has been the law since 1976. I am not aware of any actors being prosecuted under that law. The change which the Bill would make is to extend the legal test from race to other protected characteristics (eg stirring up hatred on the ground of sexuality or disability).
On the interpretation suggested in that thread, it has been a serious criminal offence for an actor to play a racist character for over four decades. I don’t believe that’s correct. Depicting racism and stirring up racism are two very different things.
I understand the concerns expressed here, although this one perplexes me - it suggests that there is huge concern amongst actors about the law but that theatres are simultaneously unaware of it, which seems surprising.
Controversial opinion: I think this is fine. Mingle is an ordinary word of the English language and the context makes it clear how this is meant to operate. Not everything has to be - or can be - defined to death.
A footnote, as “mingle” is still provoking discussion: criminal law uses hard to pin down concepts all the time. We’ve got a shedload of them. The point of a “thin ice!” sign is not to enable you to skate out to the precise point at which the surface still bears your weight.
More about “mingle” (short thread). Criminal law is not - you may be surprised to learn - communicated by people reading legislation.gov.uk. Only a tiny fraction of the population will ever read a statute.