The rapidly changing situation with regards to coronavirus across the Channel Islands has seen many restrictions imposed on society over the past week – from enforced quarantine following travel to school closures. In the UK, those described as ‘essential to the running of the justice system’ are defined as key workers, whose children will be allowed access to schools during the crisis. While the Law Society is seeking further clarification on the definition, it has been made clear that anyone regularly involved in court proceedings is defined as a key worker. But what is the situation for those working in the legal profession here?
Key workers
In both Jersey and Guernsey, schools have been closed from Monday 23 March for at least four weeks, until the end of the planned Easter holidays.
In Guernsey, only the children of key workers are able to attend their usual schools, colleges and Early Years Providers (pre-schools, nurseries and child-minders) for the next four weeks until the end of the planned Easter holiday period.
For children to be able to continue attending school during this period, both parents (whether they are living together or apart) must be key workers – unless one parent is a nurse, doctor, other key health or care worker or teacher.
With regards to the legal profession, key workers in the private sector are considered those essential to law and order within judiciary services and advocates. However, anyone falling within those categories should determine which roles are essential to the ability to maintain critical services.
In the public sector, key workers are considered those essential to the functioning of the Law Officers.
The States of Guernsey say their definitions will be subject to regular review and will be updated accordingly.
In Jersey, the Government say they are working across departments and with representatives from the private, charity and voluntary childcare and early years sector to organise childcare and education for some essential workers. Further details will be made public when they are available.
Critical/essential worker travel
The travel restrictions in place have seen major restrictions put in place on those travelling to Guernsey or Jersey, including a requirement to self-isolate for 14 days on arrival from any other jurisdiction.
In Guernsey, those considered to be ‘critical workers’ are exempt from the restriction unless on entry to the Bailiwick they have any new onset or recent onset of any respiratory or flu-like symptoms.
Critical worker travel has been defined as travel by workers required to keep critical services running across the Bailiwick. Such travel has to be considered necessary to support and protect the islands’ connectivity, critical national infrastructure, the safety and security of the Bailiwick, and essential public services including education and medical provisions. Such workers are considered vital to the Bailiwick’s continued ability to operate at this time and include those delivering emergency services or the good administration of justice as determined by the Director of Operations for Justice and Regulation.
If you are working in the legal profession and considered a critical worker, you must restrict your movements to pre-agreed sites and any other limitation imposed by the States of Guernsey and/or the Medical Officer of Health and restrict your movements and actions to the degree necessary for the purpose of your work. Critical worker travel must be approved by the determining officers of the States of Guernsey.
In Jersey, the 14-day self-isolation period does not apply to those considered to be ‘essential workers’, as their presence is important to keep the island running. However, any essential worker must self-isolate and self-refer if they develop any symptoms – and they are also advised to actively limit the frequency of their travel into and out of the island. Jersey’s definition of ‘essential workers’ mentions flight and ship staff, transport staff bringing in essential goods, fuel and medicines, social work and social care work and infrastructure maintenance – but makes no specific reference to the justice system.
