Covid in Scotland: SNP government plans to keep emergency powers permanent

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The Scottish government wants its coronavirus emergency powers to become permanent – including the ability to order schools to close, enforce closures and operate virtual courts.

SNP ministers are looking at changing the law to permanently allow them to release prisoners early or allow a wide range of healthcare professionals to administer vaccinations.

Officials are seeking public views on scrapping a planned expiration date for many of the temporary measures, with Deputy First Minister John Sweeney saying some of the changes had “a clear benefit to the people of Scotland”.

The majority of current government powers introduced during the pandemic are due to expire in March 2022 although it could be extended for six months with Holyrood’s support.

But the advisory published by the government wants many of them to be made available on a permanent basis, claiming they will ensure “ministers are able to respond effectively and quickly to any future threats to public health in Scotland”.

The advisory adds: “The proposal, therefore, is for Scottish ministers to be given the same powers to protect the people of Scotland from any occurrence or spread of infection or contamination which represents, or could constitute, significant harm to human health in Scotland, not just Covid.”

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In addition to being able to enforce future closures and restrict gatherings, ministers will also be able to order school closures “for the remainder of the pandemic” or for any future outbreaks of an infectious disease, as long as they believe it is “necessary and ‘proportionate'”, and the chief medical officer is consulted. .

Among the plans for the justice system are calls for continued powers to allow early release of prisoners and to allow people to avoid coming to court in person through remote participation.

The government says it would be “prudent to extend the powers” established at the start of the pandemic so that ministers can choose to “order the release of groups of prisoners” to relieve pressure on the prison system.

Near the start of the pandemic, 348 prisoners were released 90 days before their sentence, although prisoners convicted of domestic violence, harassment or Covid-related offenses were automatically excluded.

Prison governors were also able to veto the early release of specific prisoners if there was evidence that they might pose a danger to someone.

The advisory also suggests a permanent shift to more digital options, including remote registration of deaths or births, board meetings and electronic court documents.

Sweeney, who is also the Covid recovery minister, said: “We want to ensure that measures are removed that are no longer necessary in order to respond to the pandemic while preserving those where there are demonstrable benefits to the people of Scotland.

“This is an opportunity to preserve the changes that have been welcomed by people who now do not want to lose the transformations that were innovative and beneficial and increased access to services.

“Although the pandemic has been incredibly devastating, its urgency has forced the public services we depend on to adapt and continue to deliver, driving the pace of digital adoption and, in some cases, more efficient ways of working.

“As we enter recovery, we now have a unique opportunity to reimagine how health and social care, learning and equity services can be designed and delivered around the lives and needs of the people who use them.

“I invite everyone to give their views on what this future should look like to support a just, safe, and secure recovery. Your views on these proposals will inform any future legislation brought forward on these topics for full scrutiny and debate in Parliament.

“We remain committed to ending or suspending any existing provisions that are no longer necessary, and will continue to report to Parliament every two months on the use of any temporary powers.”

The public will have 12 weeks until the consultation period ends on November 9 to share their views.

Responding to the plans, Scottish Conservative Coronavirus Recovery Minister Murdo Fraser said: “These powers were intended as temporary measures to deal with the pandemic. The fact that SNP ministers are now seeking to make many of them permanent is a clear sign that they are not ready to give up their control over people’s lives.

“With the vast majority of Covid restrictions now relaxed, Scots will be asking serious questions about why these laws need to stay in place permanently.

“It is a dangerous road to walk to allow ministers to carry out sweeping powers over society on a whim.

“The SNP have already extended Covid powers through Parliament and now they’ve snuck this advice while it’s still in recess.

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“It is clear that they are careful to avoid scrutiny of their plans which would include releasing prisoners early and controlling how schools operate.

“Once again, the SNP is making reckless decisions about laws relevant to Covid, when the focus should be on accelerating our recovery from the pandemic.”

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