COVID-19: LAWFUL vs GUIDANCE vs SENSIBLE

The introduction of the 'Rule of 6' in England by a Statutory Instrument, has highlighted that we need to consider any activity from three angles:

• What's lawful?  When might I get fined?

• What is the guidance?

• What is sensible?

Ideally we want any activity to be in intersection A, where all three aspects can be ticked:

If we are running a business or other formal activity, we would then need to compile a Risk Assessment.


WHAT'S LAWFUL?

There are three elements of what has actually been put into law:

• General law, such as unlicensed "illegal raves" 
• National measures for COVID-19, such as the new 'Rule of 6'
• Any local/regional measures for COVID-19, such as recently implemented for the North-East

Breaking such laws is illegal, and would in theory earn you a criminal record.  However in practice the simpler ones involve a Fixed Penalty Notice (FPN), which if paid without going to court, will presumably be disregarded in terms of a criminal record, with no need to disclose them to employers.
  


WHAT IS THE COVID-19 GUIDANCE?

There are two types of guidance:

•  General guidance, such as "Hands Face Space"

•  Guidance for specific COVID-19 measures
• From HM Government
• From commentators, some of which is more reliable than others
 

WHAT IS SENSIBLE?

Given the 6 risks of COVID-19, often the laws and guidance are the minimum one would do to protect yourself, family, friends and other people.

People who are shielding, or who are otherwise concerned, will want to make their own decisions on whether they go out of the house, and what they would then be prepared to do.

I am prepared to go out, but given the severity of the risks, take a medium view on what I am prepared to do.  I have a simple rule that as ithe virus spreads more easily indoors in still air, I will only be indoors for essentials.   Food shopping, for example.

The Independent SAGE presentation today 18 September announced in thsi video (1hr00:30) that an international database of 'superspreaders', where someone had infected 5 or more people, shows:

• 97% indoors
• Only 3% outdoors  

Social meets need to be outside, or in a very well ventilated indoor setting.  Getting a hair cut has been a risk-management challenge.



THE INTERSECTIONS

Intersection A

This is where we want to be, where an activity is legal, accords with guidance, and is sensible.

So for example, meeting up with 5 friends outdoors at a pub, keeping some distance between people, is low risk and sensible.  Complying with rule of 6 and social distancing.

Intersection B

The legal regulations have a lot of detail which are not covered by the general guidance.  Conversely a lot of general guidance is not enshrined in law.

But intersection B is where the guidance directly supports the legal regulations.

Intersection C  

"The law is an ass" is a well known saying.  So there is only ever some overlap between the law and what's sensible.

For intersection C, for example, it makes sense to restrict the number of people meeting.  One of the few restrictions in Sweden was to stop large crowds over 50.

But the law in England makes no distinction between indoor and outdoor meetings, unlike other parts of the UK.  That would make more sense, even if it makes the rule a little less simple.

Not all that's sensible is enshrined in law.

Intersection D

Similarly there has been guidance to "Eat Out to Help Out" which, while helping the economy, is not sensible from an infection control perspective.

Conversely there is a lot that fits in intersection D, such as the basics of the three core measures:

• Social distancing ("Space"), which is seen as the most important measure, as transmission through the air is more of a problem than via surfaces and touch
• Wearing a mask or face covering to minimise infectious people unknowingly spreading the virus ("Face")
• Hand hygiene, to wash hands regularly and not to touch mouth, nose or eyes ("Hands")

 It's a pity the three words aren't in that order of priority "Space, Face, Hands".


IN CONCLUSION

Everything we do needs to cpver the three aspects of being lawful, following guidance and being sensible.  The risks of COVID-19 are too high to ignore, especially when we could be infecting people who are inherently more at risk than ourselves.