Impact assessment, Document

The Health Protection (Coronavirus, International Travel) (Wales Regulations 2020): integrated impact assessment

A summary of how the regulations will impact on international travel.

First published: 23 April 2021

Last updated: 23 April 2021

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Title

The Health Protection (Coronavirus, International Travel) (Wales Regulations 2020)

Summary of aims and desired outcomes of policy

To introduce a number of emergency public health border measures to be taken in relation to people arriving into Wales having been outside the Common Travel Area in the 10 days prior to their arrival. These aim to reduce the public health risks posed by the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (“coronavirus”) in Wales which causes the disease COVID-19.

Directorate

Permanent Secretary's Group

Introduction

The Welsh Government, along with the UK government and the other devolved administrations, have introduced emergency public health measures at the UK border, designed to reduce the public health risks posed by coronavirus, by limiting the further spread of the disease.

The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 as amended (“the regulations”) therefore contain provisions:

Pre-Departure Testing requirement: all travellers to Wales must have a negative COVID test within 72 hours before departure for all travellers age 11 and over. If your test result is positive, you must not travel.
From 15 February, all people who have been in a red list country in the previous 10 days will not be allowed into Wales. Travellers returning to the UK from red list countries must arrive through one of the designated ports of entry to the UK in England or Scotland. They must then isolate for 10 days in a managed quarantine facility. Travellers must have pre-booked both a managed quarantine package and test package before departure. This is in addition to the pre-departure testing requirement.
All travellers to Wales from amber list countries (any country outside of the Common Travel Area and not on the red list) must have pre-booked tests before departure for themselves and all members of their group including children aged 5 or over. This is in addition to the Pre-Departure Testing requirement.
All travellers to Wales from an amber list country (any country outside the Common Travel Area and not on the red list) you must isolate for 10 days.

There are no provisions where a negative test taken before travel or in England through the Test to Release Scheme or on arrival in Wales would avoid or reduce the isolation requirements in Wales. There is no Test to Release Scheme in Wales.

Since the introduction of these regulations there have been amendments to these measures which have been laid through Statutory Instruments at the Welsh Senedd. The amendments included the addition and removals of country-specific exemptions for the requirement to self-isolate and sectoral exemptions from the same.

The scope of the equality impact assessment

It was necessary to make and lay these regulations urgently to seek to reduce the public health risks posed by coronavirus from those travelling to Wales, in order to reduce the risk of the introduction of new infections of COVID-19 into the community.

These measures are deemed necessary to maintain compliance with the public health guidance and limit the further spread of the disease. The regulations have been made urgently in Wales as part of a 4 nation approach of new public health measures at the UK border to prevent further spread of the coronavirus.

On that basis, there has been limited opportunity to gather evidence on the possible impacts of the regulations. However, given the importance of assessing the impact on each of the protected characteristics, the Welsh Government has considered the measures against the needs of the general equality duty as set out in section 149 of the Equality Act 2010 to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not, and foster good relations between people who share a protected characteristic and those who do not. The Welsh Government has also considered whether the measures could constitute direct and/or indirect discrimination.

Specifically, the EIA assesses any impacts of applying a proposed new or revised policy or practice against the needs relevant to a public authority’s duty to meet the public sector equality duty.

The needs are to:

Eliminate discrimination, harassment and victimisation
Advance equality of opportunity, and
Foster good relations

The pace of the work has meant limited consultation with external stakeholders in Wales. However, this EIA has sought to use existing and emerging information and evidence and analysis, as part of the decision making process.

There have been discussion and dialogue by the Welsh Government with the Police Authority in Wales, Border Force in Wales, Public Health Wales and the Office of the Information Commissioner, which has shaped how the policy in Wales is implemented. In developing these Regulations the Welsh Government has also sought the views of other external organisations where possible.

The wellbeing of our citizen’s has been considered in consultation discussion with the Future Generations Commissioner. The Commissioner’s role is to be the guardian of future generations, in helping public bodies and those who make policy in Wales to think about the long-term impact their decisions have.

The Welsh Government has considered the evidence gathered and the inputs provided, both in implementation of the regulations and as part of our review of the impact of the regulations. These in turn will help in the consideration of the existing and potential impacts – negative and positive – that these regulations might have on each of the protected characteristics. It is recognised that the equality duty is not just about negating or mitigating negative impacts, as we also have a positive duty to promote equality. Therefore it should be recognised that mitigating actions do not stand alone and form part of that wider consideration of the duty.

Equality impact assessment of the measures

Evidence shows that Coronavirus itself has disproportionate equality impacts. It has more serious health impacts and a greater likelihood of death for older people, men, people living in more deprived areas, and the Black, Asian and minority ethnic population. Welsh Government recognise that controlling the virus and reducing transmission will have positive equality impacts for these groups. Government are equally conscious that measures to control the spread of the virus will inevitably have disproportionate impacts on equality, race, religion, children and low income families for example, as set out below. Therefore, minimising the impact on groups such as these should be intrinsic to the approach adopted for the ongoing management of the pandemic.

We are forced to tolerate some adverse impacts on the basis of the risk to public health and the need to control transmission of the virus but having Non-Pharmaceutical Interventions (NPIs) in place over time – and as they are periodically made more restrictive and then lessened – mean that the adverse impacts are compounded over time.

There is scope to mitigate some of the adverse impacts of these regulations with exemptions for those with legal obligations or to maintain parental visitation, for example, but it will not be possible to address all of the disproportionate and adverse impacts. Those impacts are short term and will be kept in constant review.

We will continue to consider newly identified evidence, as it relates to each of the protected characteristics, and will make further adjustments, as appropriate. Finally, it should be noted that these regulations expire – unless extended – at the end of the period of 12 months beginning with the day on which they come into force, meaning 7 June 2021. While they can be extended these are still intended to be temporary measures to address specific health risks and will only be retained as long as they remain proportionate.

In considering the equality impacts of the proposals, Welsh Government have considered the impacts and mitigations set out below (listed by protected characteristic or group).

Age

Impacts

Measures that may help limit the spread of coronavirus are designed to positively affect the entire population, but may particularly benefit older individuals.

The self-isolation of students may have some negative impacts on young people, such as international students coming to Wales to study or on short-term exchange programmes, whether for the first time or as returners. In extreme circumstances, it might discourage international students choosing to study in Wales, reducing their options.

As students prepare to arrive/return to universities/colleges, this remains a live issue for universities and colleges who are considering how best to support international students.

Reasons

The self-isolation and quarantine hotel measures in the International Travel Regulations raise issues of indirect discrimination on grounds of nationality due to the likely disproportionate impact on nationals of countries effected.

Reasons

The Equality Act prohibits discrimination in the exercise of public functions on grounds of nationality, race or religion and requires you as decision maker to have due regard to the need to eliminate such discrimination, advance equality of opportunity and minimise disadvantages for those who share a particular nationality. Indirect discrimination is unlawful unless it is a proportionate means of meeting a legitimate aim. The legitimate aim. The legitimate aim is to protect public health within Wales.

Dietary requirement must also be taken into account when looking suitable accommodation where needed.

Mitigation

Whilst it is recognised that there is a disproportionate effect on Black, Asian and Minority Ethnic Communities is accepted at this time, this is outweighed by the aim of protecting public health at this time.

This position will be kept under review.

Religion, belief and non-belief

Impacts

International travel negative: during the year many people travel internationally to attend various religious festivals and pilgrimages.

Reasons

Various religious festivals and pilgrimages will be effected by the international travel ban.

Mitigation

International travel ban: Whilst it is recognised that there is a disproportionate effect on some religions, it is accepted at this time, this is outweighed by the aim of protecting public health at this time.

Impacts

International Travel Self-isolation/Quarantine: Negative:

As there is no option as to whether or not you should quarantine if returning from the ‘red’ countries or to abide by the testing programme. Those from low-income households would be disproportionately affected, not only due to having to bear the cost of the quarantine but also the inability to return to their employment (if applicable) during either the stay at the quarantine hotels or being restricted due to the self-isolation requirements.

Reasons

Mitigation

A hardship scheme has been opened at a UKG level, with an automatic exemption for paying to enter MQS is for those in receipt of benefits.

Further work in relation to Welsh travellers will be developed if and when it becomes necessary to establish MQ facilities in Wales.

Annex A: International travel regulations

Amendments made (listed by title of amending statutory instrument).

The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2020

CIF date

12.00am 10 July 2020

Amendments made

Exemption for certain categories of workers (Channel Tunnel operators, seamen, aircraft crew) from the requirement to provide information on the basis that they are on a ship or aircraft which:

does not carry passengers or
such persons are located in an area not accessed by passengers.

For purposes of requirement to isolate in regulations 7 and 8 substituted “place outside the common travel area” for “non-exempt country or territory.

Inserted exempt list of countries and territories (Schedule 3)

Exemption for certain categories of workers (Channel Tunnel operators, seamen, aircraft crew) from the requirement to provide information on the basis that they are on a ship or aircraft which (i) does not carry passengers or (ii) such persons are located in an area not accessed by passengers.

For purposes of requirement to isolate in regulations 7 and 8 substituted “place outside the common travel area” for “non-exempt country or territory.

Inserted exempt list of countries and territories (Schedule 3)

Inserted an exception to isolation requirements in respect of persons engaged in certain sporting activities. This enables a person to leave isolation for the purpose of participating, officiating, broadcasting, coaching or involved in journalistic activity for a competition. This also applies to Welsh elite athletes or coaches returning from a specified competition. The specified events included:

Olympics
Cricket
Darts
Football
Golf
Horse racing
Motor racing
Rugby football (league)
Rugby football (union)
Snooker

Various amendments to the exemptions for person engaged in certain activities (sectoral exemptions):

worker engaged in essential or emergency works relating to flood and exemption for coastal erosion risk management
exemption for workers engaged in essential or emergency works relating to current or former mining operations
removal of exemption relating to medical professionals
exemption for persons working on British films

The following countries added to the list of exempt countries and territories: Estonia, Latvia, Saint Vincent and the Grenadines, Slovakia and Slovenia.

Luxembourg removed from list of exempt countries and territories.

A number of events were added to the list of specified sporting events in the following sports:

Cricket
Football
Golf
Horse racing
Rugby football union
Athletics (London Marathon)
Field hockey
Tennis

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 4) Regulations 2020

CIF date

11.59pm 6 August 2020

Amendments made

The following countries added to exempt list of countries and territories: Brunei and Malaysia.

Removal of the following countries and territories: Andorra, the Bahamas and Belgium.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 5) Regulations 2020

CIF date

4.00am 15 August 2020

Amendments made

Removal of the following countries from the exempt list:

Aruba
France
Malta
Monaco
the Netherlands
the Turks and Caicos Islands

A number of events were added to the list of specified sporting events in the following sports:

Golf
Rugby football league
Boxing

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 6) Regulations 2020

CIF date

4:00am 22 August 2020

Amendments made

Removal of the following countries from the exempt list:

Austria
Croatia
Trinidad and Tobago

Addition of Portugal to the exempt list.

Inclusion of an exemption to the isolation requirements in respect of elite athletes resident in the UK upon returning from an overseas elite competition.

Additional sectoral exemptions for the Red Ensign Group (REG) flag States in respect of Maritime Inspectors and Surveyors who are co-located within the MCA in Southampton but work for the Overseas Territories (OT).

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 7) Regulations 2020

CIF date

Amendments made

The following countries added to exempt list of countries and territories:

Cuba
Singapore

Removal of the following countries and territories:

Czech Republic
Jamaica
Switzerland

Substitution of the following sporting event: Matchroom Fight Camp - Boxing Championship Matches.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 8) Regulations 2020

CIF date

4:00am 4 September 2020

Amendments made

The following countries removed from the exempt list of countries and territories:

French Polynesia
Gibraltar
Greek territories of Antiparos, Crete, Lesvos, Mykanos, Paros and Zakynthos
Portugal (with the exception of the Azores and Madeira)

Addition of the following sporting event: Hennessy Sports – European Boxing Union Super Featherweight Championship Title.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 9) Regulations 2020

CIF date

4:00am 9 September 2020

Amendments made

Removal of the following countries and territories: the Greek territories of Santorini, Serifos and Tinos.

Correction of spelling from “Mykanos” to “Mykonos”.

Addition of the following sporting events:

England and Wales Cricket Board - T20 Blast
England and Wales Cricket Board - The Rachael Heyhoe Flint Trophy
Matchroom – Championship League Snooker Tournament
World Boxing Organization European Super Bantamweight Championship Title
World Super Lightweight Championship Title
Gymnastics - British Gymnastics Under 18 4-Way Match
Mixed Martial Arts - Cage Warriors Trilogy Series

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 10) Regulations 2020

CIF date

4:00am 12 September 2020

Amendments made

Sweden added to exempt list of countries and territories.

Removal of the following countries and territories:

Hungary
Reunion

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 11) Regulations 2020

CIF date

4:00am 19 September 2020

Amendments made

Canary Islands
Denmark
Maldives
Mykonos

Removal: Liechtenstein

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 17) Regulations 2020

CIF date

4:00am 1 November 2020

Amendments made

Removals:

Cyprus
Lithuania

Addition of list of sporting events.

Amendment to PLF in include “coach number”.

Miscellaneous amendments to sectoral exemptions.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 18) Regulations 2020

CIF date

4:00am 6 November 2020

Amendments made

Removal of Denmark.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 19) Regulations 2020

CIF date

4:00am 7 November 2020

Amendments made

Removals:

Germany
Sweden

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020

CIF date

4:00am 7 November 2020

Amendments made

Denmark:

requirement to isolate if P has arrived in Wales before 6 November, and has been in Denmark in previous 14 days
requirement to isolate extends to the household of P
no sectoral exemptions apply to P arriving from, or having arrived from Denmark
no exceptions to isolation apply to P or P’s household, except:

to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner
to avoid serious illness, serious injury or other risk of serious harm
if required to stop isolating by a constable

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) (No. 2) Regulations 2020

CIF date

4:00am 14 November 2020

Amendments made

Additions:

Bahrain
Cambodia
Chile
Corfu
Crete
Iceland
Kos
Laos
Rhodes
Qatar
United Arab Emirates
Zakynthos
Turks and Caicos Islands

Removals:

Greece
the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

Denmark provisions: insertion of exception to leave place of isolation in order to leave Wales.

Insertion of provision prohibiting the arrival of aircraft and vessels travelling directly from Denmark.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 20) Regulations 2020

CIF date

4:00am 21 November 2020

Amendments made

Additions:

Bonaire
Sint Eustatius and Saba
Commonwealth of the Northern Mariana Islands
Israel
the City of Jerusalem
Republic of Namibia
Republic of Rwanda
Sri Lanka
Uruguay
Virgin Islands of the United States

Amendment on requirement to provide passenger information on or before arrival.

Other miscellaneous amendments.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 21) Regulations 2020

CIF date

4:00am 28 November 2020

Amendments made

Additions:

Aruba
Democratic Republic of Timor-Leste
Federated States of Micronesia
Independent State of Samoa
Kingdom of Bhutan
Kingdom of Tonga
Mongolia
Republic of Kiribati
Republic of Vanuatu
Solomon Islands

Removals:

Estonia
Latvia

Other miscellaneous amendments.

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) (No. 3) Regulations 2020

CIF date

10 December 2020

Amendments made

Reduction of isolation period to 10 days.

Inclusion of exception to isolation rule for children to move between households where there is no formal child arrangement in place.

Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) (No 2) Regulations 2020

CIF date

4am 12 December 2020

Amendments made

Additions:

Botswana
Saudi Arabia

Removal: Canary Islands

Travellers arriving in Wales from these countries will no longer be required to self-isolate for 10 days.

The amount of the fixed penalty that may be issued in relation to a failure to comply with the requirements to isolate is amended so that the fixed sum of £1000 is replaced with a sliding scale starting at £500 for a first offence.

Public Health Information Regulations:

The amount of the fixed penalty that is payable in certain circumstances is amended so that the fixed sum of £4000 is replaced with a sliding scale starting at £1000 for a first offence.
The Schedule to those regulations is amended to reflect recent changes made by the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2020 to the International Travel Regulations to reduce the period for which a person is required to isolate from 14 days to 10 days.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 22) Regulations 2020

CIF date

4.00am on 19 December 2020

Amendments made

Removals:

Republic of Namibia
Uruguay
Virgin Islands of the United States

Amendment to isolation requirement in response to TTR in England.

The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020

CIF date

9.00am on 24 December 2020

Amendments made

South Africa removed from list:

requirement to isolate if P has arrived in Wales before 6 November, and has been in Denmark in previous 14 days
requirement to isolate extends to the household of P
no sectoral exemptions apply to P arriving from, or having arrived from Denmark
no exceptions to isolation apply to P or P’s household, except:

to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner
to avoid serious illness, serious injury or other risk of serious harm
if required to stop isolating by a constable
to leave place of isolation in order to leave Wales

Insertion of provision prohibiting the arrival of aircraft and vessels travelling directly from South Africa.

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021

CIF date

4.00am on 9 January 2021

Amendments made

Removals:

City of Jerusalem
Israel
Mauritius
the Republic of Botswana
Seychelles

Additional measures:

The more stringent self-isolation requirements previously introduced for travellers returning from South Africa have been retained and extended to other areas where the variant is known to be circulating or where there are close links to South Africa.
These more stringent requirements now apply to:
- Eswatini
- Lesotho
- Angola
- Botswana
- Malawi
- Mauritius
- Mozambique
- Namibia
- Seychelles
- Zambia
- Zimbabwe
Travellers arriving in Wales from these countries can no longer claim a sectoral exemption and are required to self-isolate for 10 days, with this requirement also being extended to members of their household.
The restriction on the arrival of aircrafts and vessels travelling directly from South Africa has been maintained and further extended to the list of countries above, except in circumstances where 11 or more days have passed between their departure and arrival in Wales.

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) Regulations 2021

CIF date

4.00am on 12 January 2021

Amendments made

Removal of the United Arab Emirates from the exempt list of countries and territories.

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 (S.I. 2021/46) (W. 10)

CIF date

4.00am on 16 January 2021

Amendments made

Additional measures under Sch 3A applied to:

Argentina
Brazil
Bolivia
Chile
Colombia
Ecuador
French Guiana
Guyana
Paraguay
Peru
Portugal
Republic of Cabo Verde
Republic of Panama
Suriname
Uruguay
Venezuela

Removal from the exempt list of countries and territories of:

Aruba
the Azores
Bonaire
Sint Eustatius and Saba
Chile
Madeira
Qatar

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/50) (W. 12)

CIF date

4.00am on 18 January 2021

Amendments made

Removal of all of the countries and territories from the exempt list of countries and territories in order to effectively suspend the travel corridors.

Removal of a sectoral exemption relating to persons working on the making of British films and television programmes, meaning that this category of worker is no longer exempt from the requirement to self-isolate or the requirement to provide certain passenger information upon their arrival in Wales.

Removal of exception to the requirement to self-isolate relating to journalists and broadcasters involved in sporting events, meaning that these categories of workers are no longer able to leave self-isolation following their arrival in Wales in order to attend such an event for the purpose of undertaking activities relating to their work.

The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021 (S.I. 2021/48) (W. 11)

CIF date

4.00am on 18 January 2021

Amendments made

New standalone provisions relating to operators liability. They introduced a requirement for persons travelling to Wales from outside the common travel area to possess a notification of a negative coronavirus test upon their arrival, subject to specified exemptions. Furthermore, they introduced a requirement for persons operating international passenger services arriving into Wales from outside the common travel area to ensure that passengers on such services possess notification of a negative coronavirus test result, subject to certain exemptions.

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2021 (S.I. 2021/66) (W. 15)

CIF date

4.00am on 22 January 2021

Amendments made

Additional measures at Schedule 3A applied to:

the Democratic Republic of the Congo
Tanzania

Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information to Travellers) (Wales) (Amendment) Regulations 2021

CIF date

4.00am on 23 January 2021

Amendments made

Amendments to PDT and Operator Liability Regs

Amendments to International Travel Regulations:

reduce the amount of passenger information that people travelling to Wales are required to provide, and
add an exemption from the requirement to possess notification of a negative coronavirus test result for air crew who perform duties onboard aircraft in the interests of the safety of the aircraft, such as loadmasters.

The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 4) (Wales) Regulations 2021 (S.I. 2021/95 (W. 26)

CIF date

4.00am on 29 January 2021

Amendments made

Additional measures under Sch 3A applied to:

Republic of Burundi
Republic of Rwanda
United Arab Emirates

The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 3) Regulations 2021

CIF date

4.00 am on 15 February 2021

Amendments made

Prohibition on entry to Wales for non-exempt persons who have been in a Schedule 3A (“red list”) country or territory within the last 10 days prior to arrival.

Introduction of mandatory testing for all travellers to Wales from non-exempt countries or territories;

Amendments to sectoral exemptions, exceptions and list of sporting events.

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