TO THE LOYAL OPPOSITION - SHOW US YOUR STUFF

Given the above figures indicating that there are in excess of 300,000 new infections a week and some 945 deaths a week, with only 67.8% of people vaccinated and even fewer with a booster dose, it is surprising that certain government ministers do not see the figures as compelling enough to bring back certain measures to curb the growing numbers. I would venture to suggest that their collective attitude amounts to criminally wilful negligence.

 

If a person knowingly engages in an act (or fails to act) or intentionally disregards the likely risk of harm to others, then they are wilfully negligent.

 

In civil law terms if, in certain circumstances, an individual owes a legal duty to others, breaches that duty of care through negligent act or failure to act and their negligent conduct or omission results in a person’s injury and that person suffers damage, then that negligent individual is culpable.

 

If one intentionally and voluntarily commits an act or fails to act knowingly disregarding all the risks, and that person’s conduct is so outrageously reckless and likely to result in substantial harm to another (perhaps death), then the person behaving in this way is to be held accountable.

 

Section 21 of the Criminal Justice and Courts Act 2015, creates the following offence:

21- Ill-treatment or wilful neglect: care provider offence

(1)A care provider commits an offence if—

(a)  an individual who has the care of another individual by virtue of being part of the care provider’s arrangements ill-treats or wilfully neglects that individual,

(b)  the care provider’s activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and

(c)   in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur.

 

(2) “Care provider” means—

(a)  a body corporate or unincorporated association which provides or arranges for the provision of—

(i)             health care for an adult or child, other than excluded health care, or

(ii)           social care for an adult, or

(b)  an individual who provides such care and employs, or has otherwise made arrangements with, other persons to assist him or her in providing such care,

subject to section 22.

(3) An individual is “part of a care provider’s arrangements” where the individual—

(a)  is not the care provider, but

(b)  provides health care or social care as part of health care or social care provided or arranged for by the care provider,

including where the individual is not the care provider but supervises or manages individuals providing health care or social care as described in paragraph (b) or is a director or similar officer of an organisation which provides health care or social care as described there.

(4) A “relevant duty of care” means—

(a)  a duty owed under the law of negligence, or

(b)  a duty that would be owed under the law of negligence but for a provision contained in an Act, or an instrument made under an Act, under which liability is imposed in place of liability under that law,

but only to the extent that the duty is owed in connection with providing, or arranging for the provision of, health care or social care.

 

The current Government of the United Kingdom was elected on the understanding that it would continue to provide care for its citizens under the National Health Service. Indeed, one of its claims is that it wholeheartedly supports the NHS and provides funds for the continuing operations of the NHS. It is a corporate body. All of its ministers owe a duty of care to the citizens residing in the United Kingdom as they supervise and manage individuals providing health care or social care.

 

By doing nothing it is not too difficult to foresee that a further 50,000 deaths will occur in the next twelve months as will at a possible 15.5 million new infections. That is nearly a quarter on the population of the United Kingdom.

 

“At the moment, the data does not suggest that we should be immediately moving to plan B” Rishi Sunak told BBC1’s Andrew Marr Show. What will it take to get this cabinet to recognise the need to bring matters under some sort of control? Clearly relying on the great British Public to exercise some concern about their situation is not working.

 

The stupidity levels are extraordinary. The mere fact that 38% of people think Boris Johnson is doing well is astonishing. Mind you apparently 70% of conservatives think he’s doing well as well as 56% of people who voted to leave the EU. More astonishingly he has some 26% of Londoners who favour him.

 

Rather like Trump supporters in the United States they do not believe what is there for all to see and hear. The figures about the pandemic are not exaggerated or lies, the mere fact of infections is all around us. The advice of scientist and medical personnel is loud and clear.  If the actions or lack of action on the part of this government does not fit the description of criminal wilful neglect, then I fail to understand the language.

 

They supervise and manage individuals providing health and social care. They do not seem to care one iota for the welfare of the citizen. It is shocking wilful neglect. Wake up and count the funerals. How opposition political parties can continue to allow this to continue is completely baffling. Where are the Independent Voices in Parliament? Where are the Liberal Democrats and Labour leaders? They bleat and do nothing. It is as a tale told by an idiot.  Young Greta Thunberg might say “blah blah blah” signifying nothing.

 

Why are they not joining forces and instituting legal proceeding under Section 21 of the Criminal Justice and Courts Act 2015? Mr Starmer is meant to be a brilliant QC. Does he really know the law? Show us your stuff for god’s sake.