The Scottish Government’s route out of lockdown – the FACTS about Covid-19 and Outdoor Recreation

March 22, 2021 Nick Kempe 12 comments

The Scottish Government has been promoting the FACTS message about how to stay safe during Covid since last July.  Nicola Sturgeon repeats them on an almost daily basis at the end of her Covid briefings. The advice is perfectly reasonable, even if the differences in the risks of catching Covid-19 indoors from outdoors is only implicit.  This post considers how the Scottish Government’s current restrictions and plans to relax them fits with their own advice on FACTS.

Risks of Covid transmission outdoors

Parkswatch has long argued that the Scottish Government’s approach to outdoor recreation is not justifiable but I recently came across another scientific paper on Covid transmission that is worth quoting (see here):

Extract from paper considered by the Scientific Advisory Group on Emergencies in December 2020

A good summary of why the celebration of Rangers football fans two weeks ago, which involved close contact on the streets with shouting and singing (which spreads aerosols) was not a good idea. And an explanation of why all those who went to parties afterwards were far even more foolhardy.

It remains to be seen, however, whether we will ever know far the indoor as opposed to outdoor gatherings were responsible for the increase in Covid cases in Scotland over the last week, or how much that can be be attributed to other factors, like the return of primary schools which involves thousands of people mixing indoors.  Unfortunately as the SAGE paper states, Test and Trace was “Not designed to understand where transmission occurs. Designed to inform public health action and surveillance”.

Still, the extent to which there was a risk that weekend, other citizens of Glasgow would arguably have been far safer leaving the city than staying in it.  The point is that anyone who would like to drive more than five miles out of their local authority area for outdoor recreation can quite easily do so while observing all the FACTS:  there’s a lot more space to observe the two metre rule; you are therefore unlikely to need a mask but its easy enough to stuff one on your pocket in case you do; even the places that are perceived as crowded are far less so than in the cities; and hand hygiene is much easier than it is in places like supermarkets.

A similar argument applies to the risks of spreading Covid-19 through people who want to travel (see here) to second homes or in self-catering accommodation.  The tourist industry worked out last summer what cleaning was needed to deal with changeovers and the risks of Covid-19 being spread by people touching surfaces.  At the same time shops and fuel stations have log adapted the way they operate to make it easy for people, whether locals or visitors, to observe the FACTS.

 

The latest plans for the release of lockdown

Last week Nicola Sturgeon announced that “I can confirm, firstly, that we expect to lift the current ‘stay at home’ rule on 2 April.”  Good news, one might have thought for people who want to get out for outdoor recreation, even if the Scottish Government cannot bring itself to say this would be a good thing:

“Initially, though we hope for no more than three weeks, ‘stay at home’ will be replaced by guidance to stay local – in other words, not to travel outside your own local authority area unless for an essential purpose.”

Unfortunately, the Scottish Government has long muddled the law, rules, guidance and advice and it’s far from clear exactly what changes to the law are proposed.  Later in her speech Nicola Sturgeon said:

“We expect that from 26 April, restrictions on journeys within mainland Scotland will be lifted entirely.”

Comment: so what legal restrictions will remain in place between 2nd and 26th April?  It’s also unclear if the Scottish Government intend to retain their system of “tiers” which was used to introduce legal travel restrictions between areas.

“We hope that restrictions on journeys between Scotland and other parts of the UK and the wider common travel area can also be lifted, if not on 26 April, then as soon as possible thereafter.”

Comment: people travelling over the border for a walk, in either direction, pose far less risk of transmitting the virus  than the hundred of commercial vehicles (whose drivers, through no fault of their own, pick up and deliver goods to Covid hotspots like Amazon warehouses) crossing between the two countries every day.

And unlike last summer, where self-catering was allowed to open before hotels, B&Bs etc where it’s very hard to avoid contact with others indoors, the current plan in Scotland is for ALL tourist accommodation to open on the same date:

“I want to turn now to the other changes we hope to make from 26 April.

On that date, we expect all remaining retail premises to re-open.

All tourist accommodation will be able to re-open from that date too, subject to any wider restrictions that remain in place, for example, on hospitality.”

This makes no sense and does not follow the science.  Self-catering should be opening before other accommodation and before businesses like hairdressing, which requires close personal contact and which is being allowed to open on 2nd April.

Just how informal camping and campervanning fits with the Scottish Government’s plan is also unclear, although Mountaineering Scotland (see here) does not think “wild camping” will be allowed until the 26th, the same day hotels can open.  In my view, if legally you don’t need to stay at home from 2nd, you should be able to spend the night away in a tent or campervan from that date.

 

Comparing the timetable for the relaxation of the rules in Scotland and England

For the last  three months the legal restrictions in England have been more stringent than in Scotland, with outdoor recreation (as opposed to exercise), for example, banned completely until 8th March.  Our government deserves some credit for taking a less draconian approach, even if the restrictions were not justifiable.  The position in the two countries, however, is about to change and the differences are being driven by the understanding in England that the risks of transmitting Covid-19 outdoors is much less than indoors (see here).

In England the ‘stay at home’ rule will end on 29 March, three days before Scotland, albeit with similar advice  about “minimising” travel.  But then on 12th April:

“Self-contained accommodation such as campsites and holiday lets, where indoor facilities are not shared with other households, can also reopen.”

That is two weeks earlier in Scotland (and note, before hotels).  Also on that date:

“Hospitality venues will be allowed to serve people outdoors at Step 2 and there will be no need for customers to order a substantial meal with alcoholic drinks and no curfew, although customers must order, eat and drink while seated (‘table service’)”

In other word the outdoors tourist industry is being kick started two weeks earlier in England than Scotland.

Besides being based on the risks of being outdoors, the other rationale behind these changes is worth noting:

  • “Sports, amusement and recreational activities were worth an estimated £12.8 billion in the UK in 2019 (£11 billion in England),[footnote 58] providing around 565,000 jobs (484,000 in England).[footnote 59] The easing of measures could enable some of these activities to return and take advantage of the spring/summer season and recover lost revenues. These businesses are particularly important employers for young people, with 37% of their workforce between 16 to 24 years old (compared to a national average of 11%).[footnote 60]
  • Opening outdoor sports settings will help to reduce the adverse physical and mental health effects experienced by large parts of the population, in particular children and those living alone. Exercise and outdoor sports are well documented to reduce individuals’ risk of major illnesses, such as heart disease, stroke, type 2 diabetes and cancer by up to 50% and lower risk of early death by up to 30%.[footnote 61] Physical activity is also known to help with improving mental health through better sleep, happier moods, and managing stress, anxiety or intrusive and ‘racing’ thoughts.[footnote 62]”

Turn that around, by continuing to restrict people’s ability to do things outdoors, the Scottish Government is likely to be harming both the rural economy and people’s mental health more than is necessary.  The one area where the Scottish Government’s more cautious approach might be justified – particularly given the number of Covid cases currently – is limiting the numbers who can meet up outdoors:  in England, six people will be allowed to meet outdoors from 12th April whereas in Scotland this is not envisaged as happening until 26th April.

 

Why this matters?

Under human rights law, all restrictions by government on basic human rights, including the freedom of movement, are required to be proportionate to the risks involved.  Apart from the start of the first lockdown and the surge in cases over the winter, when everything needed to be done to stop the virus spreading, however remote the risk, the restrictions on outdoor recreation have not in my view been proportionate.

A couple of days ago, friends of mine who stay in Lochaber went to walk in Glen Etive – as they are legally allowed to do.  During the day they came across two police cars, who were in the glen to catch and fine people who had dared to break the travel restrictions.  I can think of few places in Scotland where people would be less likely to transmit the virus.  Glen Etive has also, in the past, been a place where the police have shown little interest in tackling anti-social behaviour by a (minority) of campers.  But now they appear to see people whose only crime has been to want to go out for a walk as justification for a visit.

The response of the Scottish Government and the police (see here) to people wanting to travel to the countryside for outdoor recreation continues to be totally disproportionate.  A year after the crisis started, what is equally striking is the silence of those who should be advocating for outdoor recreation: VisitScotland; NatureScot, the lead body with responsibility for Outdoor Recreation; our two National Park Authorities;  the many organisations that promote outdoor activities as being good for mental and physical health; the legal profession; and the Non-Governmental Organisations representing recreational interests.

The explanation for this sad state of affairs and the failure to challenge the abuse of power is that any organisation one who dares to criticise the Scottish Government risks losing all their funding. Another abuse of state power.  That makes it even more important for individuals to speak out and to lobby politicians, both national and local.  We should take the opportunity of the Scottish Parliament elections to restore outdoor recreation to its rightful place and the role it should have played during the pandemic.

12 Comments on “The Scottish Government’s route out of lockdown – the FACTS about Covid-19 and Outdoor Recreation

  1. The problem is the Scottish and UK government has created so much uncessary fear over the last year they now feel they are not able to ease travel restrictions without it being aligned with reopening local tourism and hospitality business. Travel restrictions within Scotland have never made any sense with regards to stopping the spread of the virus, but now government can clearly see the potential backlash in rural communities if they remove travel restrictions before re opening the economy.
    It way beyond the point in arguing about outdoor being safe, the pandemic is basically already over for UK in terms of original aim of protecting NHS, with most vulnerable already vaccinated indoor venues are already likely to be as safe as outdoors, Israel safely came out of lockdown, we are at a similar point to them now and nothing to suggest it would end up any different here if we started opening up society today.

  2. I suspect that part of the problem is that there is no real interest from SG or UK Government in the benefits of getting into the outdoors unless it involves some kind of economic transaction. The view from SG of the countryside seems to be one of economic extraction whether commercial forestry, renewables or tourist facilities. Not enough recognition of the health and well being benefits of getting outdoors despite the mounting evidence. At least it is good news that the Cairngorms National Park Authority have just invested in a new permanent ranger service to reinforce the existing estate ranger services. Overall a £1 million investment that will also provide employment for local young people. Imagine what they could do with even half the money being poured down the neck of the funicular.

    1. Oh great, so the Cairngorms will now follow LLTPA in being a place where you can’t quietly enjoy the outdoors without being accosted and lectured by uniformed goons so they can meet their Visitor Interaction quotas while carefully avoiding the vandals and antisocials who just tell them to f. off, or carry on their activities outside working hours.

      1. ‘working hours’? that’s a new one on me. I’ve been out at 2 in the morning looking for a lost person; up all night on firewatch. and yes, engaging with ‘vandals and anti-socials’. so you can ‘quietly enjoy the outdoors’. and my ranger colleagues have all probably done likewise.

        1. On several occasional in recent years I have been on the loch around the islands and it was quite apparent that come the evening the Rangers disappeared and the loud music and bevvy brigade appeared as they are well aware of this. So if there is out of hours patrolling it is completely ineffective.
          At the slipway I reported a problem at Inveruglas and one of your colleagues said “Oh we never go that far up” and that was that.
          The practice of hovering around in a big RIB staring at people through powerful binoculars is disturbing and oppressive, but happens regularly.

  3. Just to clarify what’s happening here in England. On 12th April campsites can theoretically open – but not toilet or washing facilities, so in practice tent camping on a campsite will not be possible until 17th May. A recipe for a repeat of the roadside camping problems we had last year.

  4. Nicola Murrell is a weird little girl who never grew up. She has no known friends, no hobbies, no interests apart from pretending to read books. But only books that are fashionable.
    Having a person who has never slogged through a bog, or been eaten alive by midgies while fishing, or been soaked with mud while cycling, or experienced the thrill of a close encounter with a rare bird (not French) , or an Otter, or just walked all day and had the ultimate experience of being able to lie down with your boots removed.
    That person is responsible for the destruction of Scottish outdoor activities, firstly because she doesn’t understand those that participate , and secondly because she clearly despises those that do partake in such healthy exuberance.

  5. Look carefully at the exemptions and exceptions and realise that the restrictions are for us, not for them. The political / media bubble has carried on as normal throughout. Other countries TV stations have staff presenting from their homes, the BBC is still in the studio and out in the streets carrying out trivial vox pops (with the usual carefully selected “random members of the public” who conveniently echo the editorial line.)
    “Work from home if you can”. Apparently Holyrood and Westminster can’t, but why not? Why can’t parliaments and covid briefings etc. be online? Every MSP and MP has fast broadband and a PC paid for by us.
    The restrictions are being driven not by Epidemiologists but by Behavioural Psychologists who must be loving the opportunity to put their theories into practice on a global scale.
    The churches have successfully challenged the legality of restrictions and if there was a representative Outdoor Recreation body it could do the same but there is little point as the law will just be rewritten and the Police will find something to charge people with anyway as they have already done with hillwalkers.
    We now live in a world where we can be arrested and fined for being outside our houses, and the majority of the population appear to be fine with the idea.

  6. Hi,
    Has anyone been able to work out if the change from stay at home to stay local is guidance or actual law?
    Impossible to work it out just now looking at government website. Current law is stay at home with associated limit on travel within 5 miles of council area associated with this law, my take on it once the stay at home law ends on 01/04/2021, stay local will be guidance only, unless the government changes the website before Friday.
    Maybe it will be hard to argue case for travel if stopped by police, but from personal point of view I will no longer be adhering to guidelines only and if stay local becomes law it must be easy to find and view on government websites Transparency is key.

  7. No, it appears to be purely semantic. FM. quoted on the BBC website:
    “That means the current travel restrictions, which prevent non-essential travel outside your own local authority area, will remain in place for another three weeks,”
    For those of us in the central belt it will probably be longer, because at that point they have said we will revert to tiers, with the thresholds cut to the point that false positives from asymptomatic testing will be sufficient to keep us in a higher tier than the rest of the country.
    Remember “Just three weeks to flatten the curve”?

    1. Niall, I think you are right about the semantics and about the risks of tiers. I will comment on what is going on after the revised coronavirus regulations come out in both Scotland and England on Friday, Nick

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