PSNI insist public should stay at home despite questions over enforcement powers

The police issued the statement to the News Letter last night after making an appeal at the beginning of Monday for the public not to travel anywhere during the bank holiday.

It followed the PSNI shutting down a number of roads serving the north coast at the weekend, amid an upsurge of motorists visiting the area.

There were also reports that Newcastle, Co Down, had been busy as well at the weekend.

In a statement Assistant Chief Constable Alan Todd said at the start of Monday that the previous day “we had to put in place traffic diversions, [and] spoke with a number of non-residents who had travelled”.

He said there would be a police presence at beauty spots throughout Monday, adding that social distancing may not be achievable where large crowds are gathered.

Newcastle was said to be much quieter yesterday than in previous days, with a notable police presence.

And in Portrush, Portstewart and Ballycastle, there had been a drastic difference between the weekend and Bank Holiday Monday.

Local photographer Steven McAuley said: “There was a huge difference. Today was empty, there was nobody in the north coast at all.”

He added the police blocking the roads on Sunday had been a “deterrent factor”.

The News Letter has previously examined whether the police’s approach during the lockdown has always been in keeping with the letter of the law as written in the Health Protection (Coronavirus Restrictions) Regulations NI 2020, in force from March 28.

See here: Coronavirus: Spotlight on police powers amid renewed pleas not to travel for exercise reasons

A number of members of the public questioned the police approach on social media.

One, @andrewgiltrap, said that “no law is being broken by travelling to the north coast, so what PSNI are doing is wrong”.

Meanwhile, @Lyndsay__King said: “The public have been advised that travel is allowed for exercise and if meeting other people to do so outdoors. Of course there will be an influx to beauty spots”.

@MsDizzyGillespi said: “Everyone is ‘really up in arms about it’? Well I’m not. And I live in the north Coast and I loved to see people here today.

“Unscientific poppycock that taking a drive to seaside I’d different to walk outside home. Stop this shaming”.

@FoolOfLondon wrote: “There is nothing shameful about following the PM’s televised information about an easing of lockdown.”

WHAT DOES THE LAW IN NORTHERN IRELAND SAY?:

Police had also issued a plea for the public to keep away from beauty spots over Easter.

But as the News Letter reported at the time, the actual legally-binding regulations (in force from March 28) did not explicitly state that police have the power to order park or beauty spot visitors to go home.

On April 24 the rules were updated to say that travelling for exercise could be considered a good reason.

Specifically, what the law stated about exercise was this: “A person who leaves the place where they are living does not do so with reasonable excuse ... unless any associated travel that is not in itself exercise is reasonable.”

On May 19, the regulations were updated again to say: “During the emergency period, a person may participate in an outdoor gathering consisting of – (i) up to six people who are not members of the same household; or (ii) any number of members of the same household.”

The News Letter asked the PSNI a number of questions, including what the specific legal basis is for preventing people visiting a town or beauty spot.

In a response, ACC Todd did not cite any piece of law, but said: “The public should be well aware of the advice from our public health partners and the government about social distancing and movement and, on that basis, we would encourage people not to drive to local beauty spots for their daily exercise as others may have the same idea and social distancing may not be achievable ...

“I want to thank everyone who has adopted a sensible approach and I hope this continues moving forward.

“Our officers will continue to apply their discretion, but I would also appeal to people to stay at home as much as possible and play their part in fighting the spread of the virus.”

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