Still don’t really understand the legal basis for this if workers are avoiding test and trace notifications (not just the app). Is it all “research”? Is there guidance on it somewhere?…
I don’t want to be a stick in the mud but currently there is no “critical services“ exception to self isolation regulations so strictly (it looks to me) if workers follow govt guidance they will be breaking the law……
There is a essential infrastructure exception for the international returns self-isolation regulations but that is different. I suppose that workers could rely on an unlisted reasonable excuse to avoid prosecution but it’s not ideal
I would expect the government to amend the regulations unless they are going to say that these workers are participating in a big piece of coronavirus research like the 10 Downing Street exception. But that’s not what it says in the guidance
Aha, found this (HT @lewis_goodall), says NHS workers

"will be considered to have a ‘reasonable excuse’ under the Self-Isolation regulations to leave self-isolation to attend work where their absence could result in harm"

This sounds legally suspect...…
The self-isolation regulations allow you to leave self-isolation to "escape a risk of harm". That plainly is not the same as "absence at work would result in harm".…
What I think the government is trying to say is that there can be no offence because the government has said that there is a "reasonable excuse". Technically, it is correct that there can be no offence with a reasonable excuse.

... this is a legally bizarre way of going about things when it is easy for the government to add a new exception to the self-isolation requirements.

It also leads to a dangerous lack of clarity for police and the workers themselves
Also, there is no mention of a "reasonable excuse" in the guidance for food sector workers. So they have to guess what legal basis there is for them not following the self-isolation law, which has by the way fixed penalty notices up to £10,000…
@TomRHickman this is possibly the nadir of the guidance/law muddle. Government trying to amend regulations through guidance!

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More from @AdamWagner1

22 Jul
There is a paywall £oliday over at @prospect_uk

Where you can read lots of thoughtful, fascinating commentary including... by me!…
Two articles I am particularly proud of:

On the constitutional catastrophe of Covid laws…
And how to have better online arguments (as if!)…
Read 4 tweets
20 Jul
This is correct, legally - there is no legal duty to isolate when pinged by the app. There is a legal duty when informed by Test & Trace
As @TomRHickman pointed out in the thread I retweeted earlier, the government has hopelessly confused law and guidance throughout the past 18 months and is now paying the price - no reason why everything can't be done *in principe* by guidance but (a) the govt has...
... toyed and teased in past 18 months with law and guidance with the implication that something legally mandated is more important, but has never been consistent so public totally confused, and...
Read 8 tweets
19 Jul
The Guardian/Amnesty investigation into hacking journalists'/lawyers'/human rights activists' phones is hugely important - and worth watching.
One question though - is there any other example of software being given a nationality?

"Israeli spyware" cited everywhere

Do we ever hear about American Social Media when Facebook is criticised etc? Image
My understanding of the story is that the software is being used by many governments and other organisations to hack people's phones. I appreciate the origin of the software is part of the story but is it the story itself? Or is the word "Israeli" used in headlines...
Read 4 tweets
19 Jul
I have often thought of people who are anti-lockdown as Ayn Randian - a kind of muscular libertarianism, not really a human rights approach at all (though they often cite human rights)
Read 4 tweets
18 Jul
Are the details of this pilot online? I found the "daily contact testing study" (…) but can't find the one which is specific to certain institutions (if they are different)
Isn't the biggest scandal of today not that the PM and Chancellor may not have isolated but that there was a secret policy exempting the government from self-isolation rules?
I appreciatie there is a study referred to online (…) but it doesn't mention institutions. Maybe it's detailed somewhere else in which case I stand corrected.
Read 6 tweets
18 Jul
🚨New travel regulations coming into force tomorrow, 19 July

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 6) Regulations 2021…
This is the explanatory note - there are lots of amendments but it looks like they are all focussed on allowing Amber list ('Category 2') arrivals to not quarantine if they (a) are vaccinated or are (b) a child (i.e. under 18)
As announced recently, this does not apply to (a) people who have been in "Metropolitan France" or (b) people who have been in red list ('Category 3') countries
Read 9 tweets

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