Recommendation 15

It is prudent of the Government not to seek to legislate for every eventuality, which would lead to a myriad of confusing, flawed and ultimately unenforceable provisions and exceptions. There is, therefore, a clear role for both guidance and legislation in Parliamentary Scrutiny of the Government’s handling of Covid-19 33 response to the COVID-19 pandemic. This point notwithstanding, it is incompatible with the rule of law for the Government to misrepresent what the law actually is at any time. There have been disappointing examples of this misrepresentation during the pandemic, such as describing people in parts of the North of England as being “banned” from doing things that they were not yet banned from at all. Ministerial declarations to the public are not the same as legislation and in a Parliamentary democracy they should not be treated as such. In future the Government should ensure its communications are clear as to whether something is guidance or whether it is a requirement under the law. An example of clearer communication has been over the use of face coverings in shops and public transport.