Coronavirus: What exactly are rules in NI when travelling away from home for walks or runs?

Assistant Chief Constable Alan Todd made the remark on Radio Ulster’s Nolan Show today, amid growing controversy over what powers the police actually have.

The catalyst for much of public debate on the issue was largely down to the police force in Derbyshire, which issued a video showing a handful of walkers in the Peak District and said: “The government advice is clear: you should only travel if it is essential.”

The force even went so far as to dye a lake in the area black to discourage visitors – actions which ex-Supreme Court judge Lord Sumpter said “shamed our policing traditions”.

In fact, the rules governing what counts as legitimate movement allow people to leave home for a host of reasons.

And in Northern Ireland they do not explicitly ban people travelling to a beauty spot for exercise.

Speaking on the Nolan Show on Tuesday, ACC Todd said: “We obviously had some concerns, and I know the same was expressed by listeners on your show last week, about the number of people who are travelling long distances to take their dogs or go for a walk with their families.

“We saw a real marked change in behaviour over the weekend and that was continued again yesterday [Monday]. That’s a good direction of travel.”

He said “travelling long distances to go for your daily exercise is not essential and therefore you shouldn’t be doing it”.

When it was put to him that the actual wording of the regulations do not permit him to enforce that, ACC Todd said: “It depends on how you read the legislation... on one reading of it, no you shouldn’t under the law be travelling distances in order to take your exercise”.

But he said the police did not want to get involved with the “fine minutiae”.

He said he was concerned that if many people do turn up to beauty spots, then “police have to step in to prevent crowds gathering” (something they are required to enforce in cases of three or more people).

PSNI headquarters later went on to say: “There is no confusion on the part of police. The very simple health advice is to stay at home and you should only leave home when it is absolutely essential.”

The set of legal rules governing what people can and cannot do in Northern Ireland is called The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020.

It has been in force since 11pm on Saturday – three days after the rest of the UK.

It provides a list of that things count as “reasonable excuses” for leaving the house.

Specifically it says this “includes the need”:

l To get food and medical supplies (including for pets) and supplies for “essential upkeep” of the home, or to “obtain money”;

l To exercise alone or with a member of the household;

l For medical help (including emergencies) and to provide care to the vulnerable;

l To give blood;

l For work or to volunteer (where this cannot be done at home);

l To attend funerals of (i) people you live with or close family (ii) – or “if no-one within sub-paragraphs (i) or (ii) is attending, a friend”;

l For the purpose of legal proceedings, answering bail, or otherwise “fulfil a legal obligation”;

l To access “crucial public services” (including childcare or education, social care, victims’ services, or services provided by the Department for Communities);

l Where a parent or parents and children live apart, to continue existing arrangements for contact between parents and children;

l To move house;

l To visit churches (if you are priest or minister);

l And to avoid injury, illness or harm.

Meanwhile gatherings of two-plus people are banned unless they:

l Involve people of the same household;

l Are essential for work;

l To attend a funeral;

l To facilitate a house move;

l To participate in legal proceedings, or fulfil a legal obligation;

l Are to provide care to the vulnerable or emergency help;

WHAT ARE THE PENALTIES?:

Under the regulations, enforcement is down to the PSNI or perople “designated by the Department of Health”.

They can hand out fixed-penalties of £60 (dropping to £30 if paid within 14 days), and rising to £120 for repeat offenders;

Ultimately, offenders can accumulate fixed penalty fines capped at the level of £960.

The PSNI can order someone home, or take them home using “reasonable force”;

If they fail to obey, they will be committing an offence;

They can be convicted and fined in court up to a maximum of £5,000 (though the fine is unlimited in England)