Source · Select Committees · Justice Committee
Recommendation 18
18
Paragraph: 45
We recognise that sometimes novel offences were created at speed and that there was inevitably,...
Conclusion
We recognise that sometimes novel offences were created at speed and that there was inevitably, therefore, some initial uncertainty about their extent and application. The concept of legal certainty is also an essential component of the rule of law. In principle, all restrictions should be cast in terms of sufficient clarity and certainty to enable people to understand whether certain kinds of activity will or will not incur criminal liability. Government communication of any new criminal offences must always accurately reflect the true legal position so as not to undermine public trust, and subsequently public compliance. We recognise that the novelty of these offences meant the usual clarity in the law that evolves as cases are prosecuted and heard by the courts was necessarily absent and clarity and understanding of the public, police and the courts can naturally be expected to improve over time as happens with other offences.
Paragraph Reference:
45
Government Response
Not Addressed
HM Government
Not Addressed
We agree that good communication is essential to delivering compliance and protecting public health. Throughout the pandemic the Government has communicated what everyone should do to minimise the risk to themselves, their loved ones and the population as a whole. This has been underpinned by regulations that outline what individuals can and cannot do. The Government has sought to learn lessons on its communications approach. For example, we have had a continued dialogue with the National Police Chiefs’ Council (NPCC), engagement with local authorities, and scientific input to inform which measures are needed. We have also responded to feedback from the general public, businesses and Parliament where we were told at the beginning of the pandemic that greater clarity was needed on what people should and should not do. As part of this process, we reviewed guidance and Government communications and acted to both simplify it and make it more accessible. We have continued to develop this and have included clearer explanations of why people needed to follow the rules, to support individuals in making an informed decision to comply. As with other parts of the response to the pandemic, we will look to learn lessons on how we have communicated guidance and public health Regulations, in particular through the public inquiry into COVID-19, and will take this forward for planning for future pandemics.