17 September 2020

COVID-19: THE 'ONE SIZE FITS ALL' RULE OF SIX

Imagine if the Government were to announce that speed limits were to be made 40mph on every road in the country.  Simple but ridiculous.  People would be up in arms.  It would be silly slow on a motorway, and far too high on narrow residential streets.

But that is effectively what the Government has done in introducing the compulsory 'rule of 6' in England.  Simple but ridiculous.  Other than specific exceptions, there is no distinction between outdoors and indoors, and no compulsion to socially distance or wear masks indoors in places like pubs.

Although there is still this advice:

"Everyone should continue to follow guidance on:

  • Washing your hands regularly and for 20 seconds
  • Wearing a face covering in settings where it is required and where it is difficult to maintain social distancing
  • Staying 2 metres apart from people you do not live with or 1 metre with extra precautions, such as a face covering"

Complying with law not guidance?
Tonight I went to the park to watch the sun go down, just like i did each night this week.  Except tonight was different.  For the first time since Monday there were several groups of youngsters, probably students, in groups of 8, 9 and 10.  Mostly close together, but outdoors.   Another group of 6 close together too.

Complying with guidance not law?


One group of 8 socially distancing.  Does that mean they are not even a group?  There's a lot more to this 'simple' rule than is first apparent.


So which youngsters were sensible?  Which weren't?


HOW CLOSE TOGTHER IS A GROUP?

How close together do people need to be, to be regarded as being in a group?  Conversely, how far apart do people need to be before a group is no longer a group? For example:
  • How far do tables of 6 need to be apart in a pub?  Especially when people on two adjacent tables know each other
  • How far apart do individuals need to be to not be in a group? Is it enough to be 2 meters away?
Very basic questions.  But no clear answer after some period of internet search.

The Statutory Instrument that defines these legal regulations talks about social "gatherings", which is the official term.  Gatherings are "when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other".

But what is "the same place"?  No simple answer, it seems.


TAKING ACTION

For those groups that were both large and close, did I go up to any of the groups and remind them of the rule?  No.  I could never go back to the park again.

I was about to ring the police when I thought "Actually there isn't much of a risk."  I'm much more concerned about smaller groups of 4 around a pub table indoors, laughing and joking and, if anyone's infectious, spilling viruses all around them.

Yes the 'rule of 6' is law, but the police will inevitably adopt a fairly pragmatic approach, as Assistant Chief Constable Christian Bunt at Thames Valley Police suggested when the basic rule was announced.  Yes the police would probably ask the larger groups to break up, and fine them if they didn't.  But what about that close group of 6?


BEING SENSIBLE

To me social distancing, and the use of masks indoors (and outdoors), are the first steps in being sensible, given the risks of this hideous disease, which can occur even if you never need to get to hospital. The 'Rule of 6' comes next.  Even though the first two are just guidance.  They set the scene for application of the law.

But it needn't have been this way.  Indeed, Scotland, Wales and Northern Ireland have been more pragmatic, two of which dealing with outdoors more leniently, and all three being more restrictive than England about the composition of the group:

So, yes, 'the law is the law' and must be obeyed.  Not least as the police can levy £100 fines, doubling for repeat offenders.

But let's above all be sensible.

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