I initially thought I disagreed, because of the "permitted organised gatherings" requiring a risk assessment, but then Matthew pointed out (and I remembered from the time) that weirdly indoor gatherings didn't require one
But, as Matthew points out, if the gathering was a "permitted organised gathering", the individuals who were invited would not be allowed to mingle outside their households. If they did, they would be breaking the law. So in a way that makes the potential law breaches of...
... the participants at a Christmas party more obvious. It is still possible the "reasonably necessary for work" exception applied but I really doubt it, as Matthew does.
The reality, as I am sure the police will ultimately say, is that the law was too vague to enforce in these circumstances. But I'm not convinced the police would have taken that approach if they had happened on a party like this outside of No.10 at the time.
You can see elsewhere in my replies that Matthew and I do disagree a bit on if individuals attending a permitting organised gathering could mingle with each other. I am v doubtful they could, as they wouldn’t any longer be “participating alone“ which is a legal requirement
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I still think that the reason the Prime Minister continues to deny a "party" took place is that if he does there is a risk he is exposing the attendees to possible criminal sanctions.
There have been endless discussions on the legality of the party, and there are some potential issues around applicability of the regulations, but if I was advising Downing St (as I assume the AG has) I would advise there is a real risk of prosecution.
If the regulations applied, the key question for the police would probably be whether the party was "reasonably necessary for work".
If the Prime Minister describes it as a "party" that means the answer to the question if highly likely to be "no".
As I said in the interview, I think Downing Street are in a genuine bind. If they “come clean“ and admit there was a party, they are potentially admitting criminal offences (nobody can be sure yet if the law was broken). If they don’t, the political implications are severe.
They will also know that in the coming weeks they need public trust to impose further restrictions. People are thinking about next ones but the current ones, particularly requiring isolation for anyone coming into contact with Omicron, may be about to impact hundreds of thousands
If, in the space of 10 years, politicians haven't been able to find other *true* cases to beat the Human Rights Act with, perhaps the reason is there aren't any.
Human rights laws have been hugely important in the UK and a source of real progress for many different parts of the society. I helped made this a few years ago to highlight 50 examples eachother.org.uk/50-human-right…
“It was not a party” update:
- cheese and wine
- not socially distanced
- “business meeting”
I know I mentioned this before but this keeps bringing back the utter distress of my 7 student clients who got £10,000 fixed penalty notices for house parties. Families paying life changing £ they couldn't afford, regulators + student authorities disciplinary processes triggered
Yes there is no legal issue with bringing prosecutions - or giving out fixed penalty notices - for something that happened a year ago. But the police have said before that they don't tend to look retrospectively at Covid offences... (1/2)
... but I know from my own work that police definitely do retrospectively investigate Covid offences, e.g. I had a client who allegedly escaped hotel quarantine who was investigated afterwards. It's discretionary (2/2)
I think, to be fair to the Met, there is a public interest point in putting Covid issues behind us and not encouraging thousands of "neighbour on neighbour" complaints about lockdown. But surely the public interest balance is different for alleged offences by government officials