Source · Select Committees · Justice Committee
Recommendation 17
17
Paragraph: 44
However, blurring the line between government guidance and the law has potentially damaging long-term consequences,...
Conclusion
However, blurring the line between government guidance and the law has potentially damaging long-term consequences, including for the rule of law. In a free society that respects the rule of law, only legislation can criminalise conduct, and it should be open to a person to decide whether to follow government guidance. The Government has a responsibility to ensure that the public and the police have a clear understanding of the distinction between guidance and the law.
Paragraph Reference:
44
Government Response
Not Addressed
HM Government
Not Addressed
Throughout the pandemic, the Government has evolved its approach to communicating clearly the effects of changes made to the law, alongside publication of the legislation and its associated guidance. We have been clear in publishing the guidance and law separately, and distinguishing between actions the public “must” take (under law) and “should” take (under guidance). The guidance on government websites has helped people and businesses to understand what behaviours they should be undertaking to reduce the risk of transmission. The Government continues to make every effort to communicate both the law and guidance as clearly and simply as possible to the public via our public information campaign. This has included activities such as the production and extensive promotion of digital assets to clearly outline the rules and expected behaviours, paid-for marketing and PR activity to widely communicate rules and regulations. This has also involved extensive engagement with local authorities, businesses, the education sector, and key stakeholders like the media, and parliamentarians. It will continue to be important to communicate clearly with the public as we move towards managing COVID-19 as an endemic disease. Police forces across the UK are operationally independent, however throughout the pandemic the Government has worked closely with policing partners to ensure that the restrictions set out in the regulations are reasonably and lawfully enforced. Specifically, police forces have worked in line with guidance issued by the College of Policing and the NPCC. The guidance issued has aimed to reflect the latest rules and to provide clarity so that regulations are understood by police forces and are appropriately implemented. The police have throughout the pandemic used their common sense, discretion and experience to enforce the COVID-19 regulations. As they have done throughout the pandemic, the police have employed the 4Es approach: engaging with individuals who are not following the rules, explaining the rules to them and encouraging them to comply before moving on to enforce the law.