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European workers can avoid 14 days in quarantine under 'unfair' Home Office rules, IAG lawyers say

International travellers will spend 14 days in quarantine on arrival in the UK from next week - Jeff Gilbert
International travellers will spend 14 days in quarantine on arrival in the UK from next week - Jeff Gilbert

British Airways’ parent company has began its legal bid to block quarantine by accusing the Government of “unfair” exemptions for some travellers and “disproportionate” restrictions on visitors.

In a legal letter sent to the Home Office, it is understood IAG’s lawyers have exposed loopholes that allow any employees or self-employed businessmen who commute weekly to the UK from the EU or from the UK to the EU to avoid the 14 days’ self-isolation.

By contrast, nearly all other travellers, irrespective of where they have come from, face blanket quarantine.

It is understood IAG’s legal case will also claim the quarantine restrictions are unjustified and excessive in that they are  even more stringent than those placed on people in the UK who are suffering from Covid-19.

From Monday all arrivals, including returning Britons, will have to self-isolate for 14 days. By contrast, people who test positive for coronavirus only have to self-isolate for seven days.

Unlike travellers, they also do not face criminal sanctions. Anyone caught breaching the quarantine rules faces a £1,000 fine.

“The measures are more severe than those that have been imposed in contexts in which the risks of transmission of the disease are much greater,” said a source.

“The Government has failed to identify a valid justification for the blanket nature of the regulations especially given the extremely severe nature of the self-isolation provisions that apply.

“The effect is to establish a wholly unjustified and disproportionate restriction on individuals travelling to England.”

In its legal case, it is also understood that IAG will use evidence from the Government’s own scientific advisors to challenge the validity of the quarantine.

They point to comments by Sir Patrick Vallance, the chief scientific officer, who said the measures would be effective only in restricting travel from countries with high rates of infection when cases in Britain were low. Nearly all EU countries have lower rates than Britain.

Professor Robert Dingwall, a member of the SAGE advisory group, also said: “I think we would really need to get the level [of infection] significantly further down before quarantine started to become a useful tool.”

It is understood the IAG legal letter sent to the Home Office has also been signed by Ryanair and Easyjet

Willie Walsh, chief executive of IAG, disclosed on Friday that he was consulting lawyers about a legal challenge to protect airlines from what he described as an “irrational and disproportionate” measure that would wreck the aviation industry.

Airlines fear it will kill off flying not just for June but also July.

The Government has promised to review it in three weeks time but have refused to put a timetable on when it might ease restrictions or introduce “travel corridors” exempting travel to and from low-risk countries from the quarantine.

BA is planning up to 12,000 redundancies, while Virgin Atlantic has announced more than 3,000 job cuts and Ryanair at least 3,000. EasyJet plans to axe up to 4,500 posts.

The Home Office declined to comment on the legal action, but has maintained the policy is necessary to prevent a second wave of coronavirus which could have an even more devastating effect on the economy.

A spokesman referred to comments by Number 10 that the Government wanted “to work with industry across the board through this pandemic - that includes BA.”

It said it was “disappointed” that BA boycotted a meeting on quarantine with Priti Patel, the Home Secretary, on Thursday.