Scotland) Regulations 2020 ISLAND COMMUNITIES IMPACT ASSESSMENT

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The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 ISLAND COMMUNITIES IMPACT ASSESSMENT

PURPOSE AND INTENDED EFFECT

1. Background

This Island Communities Impact Assessment (ICIA) has been carried out by the Scottish Government’s Islands Team with input from relevant policy colleagues. The Islands (Scotland) Act 2018 clarifies that an Island Communities Impact Assessment will be carried out by a relevant authority when a policy, strategy or service “is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions.

This ICIA is focussed on:

• The policy for the amendment to the Health Protection (Coronavirus) (Restrictions and Requirements)(Local Levels)(Scotland) Regulations 2020 (“the principal regulations”) which would permit indoor socialising for up to 6 people from a maximum of 2 households on the Isle of Islay , Isle of Jura , Isle of Colonsay , Isle of Oronsay , Isle of Coll, Isle of Tiree , Isle of Mull , Isle of Iona , Isle of Ulva , Isle of Erraid and Isle of Gometra , allowing persons to meet indoors, in a private home as well as a public place such as a bar, pub, café or restaurant.

This ICIA assesses the amendment with regards to indoor gatherings in private dwellings contained within the Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (“the Regulations”) and the associated guidance.

2. Regulations

The Regulations assessed here amend the principal regulations by changing the levels that apply to 3 local government areas in Scotland and amending the provisions for in-home gatherings for funerals, weddings and civil partnerships. The Regulations also amend the Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020.

All the changes will come into effect at 6 pm on 18th December 2020.

The Regulations also amend the principal regulations to allow for in-house socialising on specific islands in the Argyll and Bute local government area.. The specific islands are – Isle of Islay, Isle of Colonsay, Isle of Oronsay, Isle of Coll, Isle of Tiree, Isle of Mull, Isle of Iona, Isle of Ulva, Isle of Erraid and Isle of Gometra. This amendment will be the focus of this ICIA.

3. Objective

As part of a suite of measures in the Strategic Framework, indoor household meeting restriction controls are designed to suppress the spread of the virus, prevent the NHS from being overwhelmed and minimise long-term economic and social harm. This will benefit all sections of society, including those who live on Scotland’s islands.

The objective of these restrictions is to limit the spread of Covid-19 on the basis that restricting indoor household meetings will contribute to reducing the spread of infection. However, the levels based approach within the Strategic Framework enables our ability to take a differentiated approach to restrictions, avoiding national restrictions.

For a significant number of islands, the same issues remain as at the start of the pandemic: an older population, limited health facilities and resources, and for most islands, a reliance on limited air ambulance transport to a mainland hospital. The consequences of a significant Covid-19 outbreak on an island remain a severe concern.

However, most islands do not have direct mainland access and many have lower levels of visitation than the mainland, and many have consistently low, or no, reported cases of Covid-19. It is therefore appropriate that we consider how these restrictions are likely to impact on our island communities and how this will differ from the impact they will have on the mainland, and between island communities.

In designing and implementing the policy on indoor household meetings on islands, it is important to take a proportionate, flexible and pragmatic approach to islands recognising the unique challenges that they face.

GATHERING DATA AND IDENTIFYING STAKEHOLDERS

4. Data

The Island Communities Impact Assessment prepared for COVID-19 Route Map Phase 3 has been a valuable resource in highlighting not just the current situation in the islands but also potential differences between islands.

Some key issues identified within that ICIA and which remain relevant are:

• Island communities have continually expressed concern regarding the fragility of island health services, the lack of resources to deal with an outbreak on islands and the vulnerability of an elderly population.

• Island communities have experienced considerable challenges due to the downturns in tourism numbers. Given the challenges already in place for these communities, further regulations need to be considerate in not imposing additional issues.

• Island communities are less affected by some of the cross boundary issues arising from restrictions requiring people to remain in their local authority area,

as all Scottish islands are either a single authority, or fall within one single authority.

• For the islands who fall within a single authority, communities risk being disproportionately and/or unjustifiably (in terms of the key metrics if taken at a more local level) affected by the assignment of their local authority to a high level. Again this demonstrates why it is important to take a proportionate approach to islands recognising the unique challenges that they face.

• Limited capacity on ferries and planes (due to physical distancing requirements) may make it harder for islanders to visit family and friends in other households on the mainland and vice versa. The transportation of pupils to and from school by bus will be more difficult in an island environment due to the remote rural nature of individual communities and the distances covered connecting sparsely populated areas with the school estate. The physical geography and existing constraints of road types across the islands contribute to the complexity of the organisation of services.

• Poor digital connectivity on some islands may continue to make staying in touch with family and friends more challenging. Digital connectivity also creates an equalities issue, as those on lowest pay are the least likely to be in a job or a situation where working from home is possible, and this creates particularly acute challenges in remote and rural settings given the costs of commuting and the likelihood of having connectivity challenges.

• There is a disproportionate number of micro/small businesses on islands – many of whom provide essential services for communities even outwith the tourist season. A number of these businesses have been severely financially impacted by the pandemic and some have struggled to secure support funding. Ongoing funding to support these businesses to continue to adapt may be useful. 1

5. Within Government

The Strategic Framework has been developed in collaboration with a wide range of policy leads across Scottish Government and its agencies.

6. Public Consultation

Restrictions on in-home socialising are a key measure within the Strategic Framework. In developing the Strategic Framework, the Scottish Government has consulted with stakeholders from across Scotland regarding implementation of the guidance. This engagement has continued as work has progressed to considering the impacts of the guidance and the regulations through various industry and businesses groups.

Building on this, the Scottish Government has undertaken detailed and intensive consultation and engagement with key partners on the levels that have been assigned.

1 It is recognised that this issue is not unique to islands. 3

There is also ongoing Parliamentary scrutiny of the Strategic Framework and associated regulation.

To further support this, officials and Ministers have also engaged with relevant island stakeholders throughout the pandemic, including local authorities and Health Boards.

ASSESSMENT

7. Overview

Restrictions on indoor and outdoor social gatherings, in various forms, have been in place since March 2020. These have, at various points, limited the number of households and persons who can meet in public and private spaces for social purposes. Exemptions to the gatherings rules exist for other types of gatherings, such as for work, education, care, or to escape a risk of harm.

The ability to interact socially with other households is important for Scotland’s society and individual wellbeing. Social interaction helps to reduce social isolation and loneliness, which can be of greater benefit for groups e.g. older people who are at greater risk of social isolation. It can also have a positive effect on mental health for a wide range of groups.

COVID-19 virus transmission occurs primarily though close contact between individuals. Evidence continues to indicate that the virus can be transmitted by respiratory droplets and aerosols and direct contact with surfaces contaminated with virus. Close-range transmission is likely to be the most significant and is strongly associated with proximity and duration of contact in indoor environments. A range of social and residential settings have been associated with transmission, which includes crowded indoor settings. Limiting socialisation, particularly indoors, is one of the main interventions adopted to limit the number of individuals meeting up to reduce the risk of transmission.

During the pandemic, this baseline position is altered, as these intrinsic benefits of social interaction are outweighed by risks relating to increasing the risk of virus transmission.

It is worth noting that, at present, the majority of island communities are currently in levels 1 or 2, with those in the North Ayrshire local authority currently in level 3. Many island communities therefore remain subject to socialising rules that state that people should with limited exceptions, not socialise with other households in-home.

At this time, with the exception of those who live on the islands in level 1 and the Argyll islands listed in this ICIA, island inhabitants should not meet anyone who is not in their household indoors, in their home or in another person’s home. They can however meet another household indoors, in a public place such as a bar, pub, café or restaurant. The maximum number of people who can meet indoors in a public place (not a home) is 6 which can be from up to 2 separate households. This approach affords protection to island communities from the risk of virus transmission.

8. Islands in Level 1 Areas that have no Road Links to the Mainland

Currently on those islands in level 1 areas (Comhairle nan Eilean Siar, Orkney, Shetland and Highland) that have no road links to the mainland, people can meet another household indoors, in a private home or in a public place such as a bar, pub, café or restaurant. The maximum number of people who can meet indoors is 6 which can be from up to 2 separate households.

Anyone who has travelled outwith these islands for non-essential purposes in the preceding 10 days should limit their contact with other island residents and should not meet with another household in a private home for a 10 day period from the date of their arrival.

ANALYSIS

9. About this Section:

This section will examine the differential impact of the policy of allowing households to meet another household indoors in a private home or in a public place such as a bar, pub, café or restaurant in relation to the Argyll and Bute island communities only.

10. Household Restrictions on Argyll and Bute Islands

In designing and implementing the policy on indoor meetings it is important to take a proportionate, flexible and pragmatic approach to islands recognising the unique challenges that they face, particularly around social isolation and access to on-island cafés, bars and other social meeting places. This can be particularly challenging for some of our island residents who may not have access to options outwith their homes.

However, household restrictions are necessary in order to prevent a resurgence in community transmission of the virus and the potential for significant pressures on the NHS.

Whilst at present, Argyll and Bute remains in protection Level 2 (as set out in the Strategic Framework), the following change will be made from Friday 18 December 2020 in recognition of the geographic diversity of Argyll and Bute.

Those living on Isle of Islay , Isle of Jura , Isle of Colonsay , Isle of Oronsay , Isle of Coll , Isle of Tiree , Isle of Mull , Isle of Iona , Isle of Ulva , Isle of Erraid and Isle of Gometra can:

• Meet another household indoors, in a private home as well as in a public place such as a bar, pub, café or restaurant. The maximum number of people who can meet indoors is 6 which can be from up to 2 separate households; but

• anyone who has travelled outwith these islands for non-essential purposes in the preceding 10 days should limit their contact with other island residents and should not meet with another household in a private home for a 10 day period from the date of their arrival.

11. Older People

The age demographic on islands means there is a higher than average number of older couples living alone in scattered settlements, and more critically, single older people living alone.

Restrictions on meetings between households may result in limitations on families being able to visit older relatives, thereby potentially resulting in increased loneliness for elderly family members.

Being unable to meet friends and family is likely to increase feelings of isolation and loneliness throughout the country, and not just on islands. There is the possibility that this will be compounded in our island communities, where both the demography and geography must be taken into account.

However, these impacts are of course all framed in the context of the risk which COVID-19 presents to the health and life of individuals, their families and loved ones. There is clear evidence that COVID-19 poses a higher risk to older (and more vulnerable) people. Therefore, measures to bring the virus back under control and reduce transmission will have major positive impacts for this group.

12. Young People

We have heard from young people on islands that they too are feeling the loss of social interaction with their friends and family. However, while young people are at less risk themselves from serious illness and death than those in older age groups, they will benefit from fewer of their family and friends becoming ill or dying.

The Strategic Framework permits children under the age of 12 from households to not count towards the total number of people permitted to gather indoors in a public place, but do count towards the maximum of 2 households permitted to meet. For example; a children’s party with 10 children from more than 2 separate households would not be allowable, but 6 adults and 4 children from 2 households could meet. Children under 12 do not need to maintain physical distance from others indoors.

In addition, the reasonable excuses in relation to travelling ensure that children have access to childcare, organised activities and sports and that young people can travel for the purpose of education and training. Children and young people, like the rest of the population, can also travel for work and health related reasons including outdoor exercise (with limits set out in guidance and regulation).

And like the rest of the population, young people will benefit from measures to suppress the virus and minimise lasting health, social and economic impacts that unconstrained spread of the infection would cause, and from the geographically differentiated levels-based approach which is designed to avoid the necessity of more stringent, uniform national restrictions. They also support the geographically differentiated levels-based approach which is designed to avoid the necessity of more stringent, uniform national restrictions.

CONCLUSION

The following conclusions have been reached in the production of this ICIA:

• Many island communities do not have on-island cafés, pubs, bars or restaurants in which to meet with family and friends. This can make meeting with others within the limitations set out in the Strategic Framework challenging for many islanders causing greater social isolation and loneliness.

• Many islands have an ageing population and we know that older people are highly likely to experience loneliness during the pandemic. Restrictions relating to indoor meetings with other households can lead to greater social isolation and loneliness.

• Young people have told us that they also experience feelings of isolation and loneliness when they are not able to meet with their friends and family.

• The amendment in the regulations takes a proportionate approach in relation to Scotland’s Argyll island communities, allowing indoor socialising and supporting a geographically variable approach to restrictions that is tailored to the risks of infection in different areas, thus reducing the likelihood of uniform, national restrictions.

• The amendment relates only to those Argyll isles with limited access to mainland areas where the virus is more prevalent. By continuing to restrict indoor socialising on those islands with easier mainland access, it is hoped that goes someway to reduces the risk of the virus being imported to those island communities.

• For these reasons, the amendment in the regulations relating to indoor socialising of up to 6 people from 2 households on the islands of Isle of Islay, Isle of Jura, Isle of Colonsay, Isle of Oronsay, Isle of Coll, Isle of Tiree, Isle of Mull, Isle of Iona, Isle of Ulva, Isle of Erraid and Isle of Gometra is not deemed likely to have effects on island communities that are significantly different from their effects on other communities (including other island communities) in Scotland.

Erica Clarkson: Head of Islands and Rural Communities. D:ARE Rural Economy and Communities Division Islands Team 16 December 2020