Quarantine rules face challenge as they take effect

Scotland is keeping in line with the rest of the United Kingdom by introducing, from today, quarantine restrictions on those arriving in the country – restrictions that face a legal challenge from the airline and tourism industries.

The Health Protection (Coronavirus) (International Restrictions) (Scotland) Regulations 2020, brought in to help control the COVID-19 pandemic, include:

• a requirement for residents and visitors entering the UK from abroad to self-isolate for 14 days;
• the completion of an online passenger locator form by all travellers prior to travel to supply contact details, travel details and the address of where they will self-isolate;
• spot checks at the border by Border Force, who may impose fines on travellers who refuse to comply;
• arrangements for some of those arriving to be contacted during their period of self-isolation for the provision of public health advice and information;
• powers for police to impose a fixed penalty notice for anyone failing to comply with the mandatory conditions.

Failing to complete the locator form prior to arrival or refusing to complete it could result in a £60 fixed penalty notice (£100 elsewhere in the UK), rising on an incremental scale to £480. Breaching self-isolation could result in a fixed penalty notice of £480 (£1,000 elsewhere in the UK).

Persistent offenders can be reported to the procurator fiscal, with a possible maximum fine of £5,000 following prosecution and conviction.

The rules apply to people returning from abroad as well as to visitors from other countries. The Republic of Ireland, Channel Islands and Isle of Man are exempt. There are also exemptions for workers in some industries such as road haulage and medical professionals who are providing essential care.

People should drive their own car to their destination, where possible, and once at their destination they must not use public transport or taxis. They must remain isolated, without visitors, except for essential support. (They are allowed to stay with friends or family.) Where international travellers are unable to safely self-isolate in their own accommodation, accommodation will be provided through the UK Government.

However a group of airlines led by British Airways, supported by easyJet, Ryanair and tourism interests, have given notice of a challenge to the rules as irrational and disproportionate, as they impose a blanket restriction irrespective of the country of departure. They also believe the rules are unenforceable. Fearing that the industry will not survive an entire summer without tourist traffic, they argue that it does not make sense to restrict travel from countries that now have much lower rates of infection than the UK, and that “air bridge” reciprocal agreements with individual countries would be preferable.

Home Secretary Priti Patel has defended the rules as proportionate and based on scientific evidence.

Scottish Justice Secretary Humza Yousaf said: “We are, as a country and across the world, continuing to deal with unprecedented challenges that this pandemic brings. These public health measures will play an important part in helping to prevent further spread of the disease.

“These steps are aimed at protecting people and ensuring that we limit spread when our own infection rates are falling. However, they are temporary and will not be in place any longer than deemed necessary to protect public health – as such, they will be reviewed after three weeks.”

Click here for Scottish Government guidance on the new measures.