Police powerless on quarantine
POLICE in Scotland cannot enforce 14-day quarantine rules as they are not informed of ‘breaches’, the chief constable disclosed yesterday.
Iain Livingstone said Police Scotland does not have access to details of those travelling into the country due to passenger ‘confidentiality’.
Any breaches of the quarantine restriction are not reported to the force, which means it cannot hand out fixed-penalty notices, he told the Scottish Police Authority.
The decision had been taken by Public Health Scotland and the Scottish Government rather than Police Scotland, he said.
Opposition leaders accused the Scottish Government of taking ‘snap decisions’ which leave police hands tied.
Under Scottish coronavirus regulations, arrivals from overseas must self-isolate for two weeks.
As entry into the United Kingdom is a reserved issue, Border Force is tasked with collecting information from travellers and informing them of the rules they must follow on arrival in Scotland. But once they leave the airport it is the responsibility of the devolved nation to enforce the law.
Information is handed over to Public Health Scotland (PHS), which has the power to carry out spot checks.
Mr Livingstone said that PHS ‘took a position that the Scottish Government endorsed’ not to involve Police Scotland in information-sharing, which means the force is not informed of any breaches. Police can act if they find someone they are speaking to on another issue has breached the rules.
The quarantine law was brought into force on June 7 and breaching it carries fines of up to £480. At the time, Justice Secretary Humza Yousaf said police would have the power to hand out fines, but Mr Livingstone said this was not now the case.
The chief constable was clear that this ‘wasn’t a decision that we took’ and said ‘our potential involvement is actually only anything we may come across in the course of our duties’.
Scottish Conservative justice spokesman Liam Kerr said: ‘It appears that thanks to SNP snap decisions, Police Scotland will have very little ability to proactively enforce any quarantine restrictions.
‘The reality is that Police Scotland will have little to no information on those observing quarantine at all. Instead, the strategy seems to solely rely on the likelihood of police officers crossing the path of quarantined individuals.
‘This is a far cry from Mr Yousaf’s confident assertion that police officers will be handing out fixed-penalty notices and certainly casts doubt on his understanding of their role.’
Scottish Labour justice spokesman James Kelly said: ‘For police not to be involved in the information they need to ensure public safety is baffling.’
The SPA meeting also heard that emergency Covid-19 powers had been used an average of 640 times a day.
Almost 53,000 interventions were made between March 27 and June 17, with 247 arrests made and 3,294 fines issued.