A TOP legal expert tasked with ensuring policing during the pandemic meets human rights rules has warned that enforcing travel restrictions is “simply impossible” for officers.
John Scott QC, Solicitor Advocate and chairman of the independent advisory group on police use of temporary powers, appeared in from of Holyrood's Justice Sub-Committee on Policing. He was asked about the travel restrictions, that came into force at 6pm on Friday – and the ability for officers to enforce the rules.
Mr Scott stressed that throughout the pandemic, “enforcement only happens when it’s necessary and proportionate,” adding that “the adherence by the public has been exceptionally high”.
He was then asked about restrictions put in place restricting people from moving from other local authorities in tier 3 and tier 4 areas – as well as all Scots from leaving the country to other parts of the UK, unless people have a reasonable excuse to do so.
But Mr Scott suggested that the large list of exemptions, compared to the full lockdown earlier this year, means that police are unable to enforce the rules.
He said:” We have had discussions from some time about travel restrictions - a big part of our discussions were around the enforcement realism.
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“The reality now as opposed to the height of the lockdown, significant people are entitled to be out and about on the roads – whether that’s work purposes or care purposes.
“There’s far more people legitimately entitled to be out and about. It makes the policing of that simply impossible.”
Mr Scott added that “if someone comes to the attention of the police for some other reason”, officers may be able to enforce the rules.
He warned that Police Scotland has “not been given more officers or resources” to enforce the new rules – and warned against any suggestion that road blocks should be put in place, pointing to “chaos” experienced when vehicles were stopped on mass in Australia.
He added that “it causes absolute bedlam” and “would be counter-productive" - with those entitled to be travelling caught up in queues.
He added: “They would simply be delaying people who were legitimately allowed to be out on the roads.”
Mr Scott was also asked whether one police force for Scotland dealing with different local authorities with different rules was causing problems for officers.
He said “it certainly produces challenges” but added the biggest barrier is rules and regulations being brought in with “very little notice” - pointing to Friday’s travel restrictions being published with less than five hours' notice.
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