One of the differences between Lockdown 1.0 and Lockdown 2.0 is the relative importance of directions and similar government circulars under the new lockdown. All GCs made under the PHRs are, very usefully, collected on the Tynwald Covid-19 Public Health Regulations page.
In my earlier blog, I covered the five initial GCs, issued on the 7th of January. Between the 7th and the 12th, another four have been issued; replacing four of those created on the 7th. This seems a lot, but one of the good features of the GCs is that they replace the earlier documents in their entirety, rather than amending them – this makes them much more accessible. It is important to make sure you are looking at the current GC, but Tynwald Library has helpfully listed them with the newest at the top of the section. It might also be helpful if a “tracked changes” version was hosted.
GC 2021/007 covers the closure of premises, replacing the earlier GC. All premises permitted to open, including those permitted qualified opening, are under a duty to ensure that employees work from home where possible, and minimise the number of people at the premises; maintain appropriate social distancing (defined in the Regs as 2m), and “face coverings or other PPE at all times where reasonably practicable”); and adopt any measures reasonably practicable to reduce the risk of infection (para.7). The GC lists in detail premises which must close – although in many cases there are conditions which would allow them to open for limited purposes (such as cafes being required to close, but allowed to provide take-away or delivery) (Schedule Part 1). It also lists premises which can remain open, albeit in some case subject to conditions (Schedule Part 2). One feature is slightly complicated, but sensible. Under Schedule 1 Part 1, non-essential premises must close, but there is a qualified opening condition for “premises which require the attendance of on-Island essential workers, where such office is providing critical national infrastructure or a key public service”. The list of “On-Island essential workers” is included in an Annex to the Schedule, and is taken from the list of workers who children will be prioritised for education provision.
GC 2021/0010 covers freedom of movement, replacing the earlier GC. The provision allowing a person to leave home to provide assistance to immediate family is extended to “if there are no immediate family available to provide the assistance required” (which presumably allows one to help people without immediate family available), and clarified to allow entry into a garden or drive, so long as the property itself is not entered (para.3(c)). The provision allowing travel to (closed) doggy day care, queried in my last note, has been removed. The provision allowing travel to drop a child off where they would be cared for has been modified in two ways: recognition of normal care in a household of someone who is not a family member is recognised, but the travel may only be in order to allow a person to work in a workplace not closed under the Regulations (para.3(i)). So taking a child to be looked after while working at home is no longer permitted. Working in non-closed premises is now explicitly covered (para 3(o)). Emergency care of child or vulnerable person is now covered (para 3(p),(q)), as is accessing veterinary services (para 3(r)). The GC ends with a reminder that “for the avoidance of doubt, Regulation 36(1) of the Regulations provides that it is an offence to fail to comply with a Direction given under the Regulations, without reasonable excuse” (para.6).
GC 2021/008 covers events and gatherings, replacing the earlier GC. Events and gatherings in public or private are prohibited unless permitted (para.4). Permitted gatherings include funerals with 9 or fewer persons wearing face coverings (para.6); delivering emergency services (para.8); gathering at premises permitted to be open (para.9); gatherings with members of the same household only (para.10); caring for a vulnerable person (para.12); and responding to an emergency, so long as appropriate social distancing is adhered to, and masks are worn where reasonably practicable (para.11). The latter is not ideally drafted – at the moment it seems to mean than appropriate social distancing must always be adhered to, and masks worn where reasonably practicable. This would seem to rule out, for instance touching a person in order to render first aid. It might be better to state “provided that appropriate social distancing and the wearing of face masks is, where reasonably practicable, undertaken”.
GC 2021/009 covers educational institutions, replacing the earlier GC. The changes are comparatively minor. The UCM library is permitted to remain open (covered in both 2b and 2d(9), as are educational institutions providing residential accommodation, the latter not being permitted to be open for educational purposes (new 2b, final entry on table). The closure of an educational institution does not prevent it providing online learning (para. 2d(10)).
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