The health minister said this as he announced that the Scottish government would be implementing a new policy in the fight against COVID-19. People will now have to prove they are double-vaccinated before entering nightclubs or attending many events. A few weeks ago, when the possibility of vaccine passports in England was discussed by his cabinet colleague John Swinney, he said: “I don’t think that is the right way to deal with it.”
Yousaf may have rebranded the scheme as a “certification program,” but vaccination passports for certain events will likely become part of Scots Law. In July, a scheme similar to all hospitality events was introduced in France. Mario Draghi, the Italian prime Minister, has announced that he supports making vaccinations mandatory. A similar scheme for health professionals has caused massive protests in Greece.
The idea of showing your vaccination record to private companies was rejected in the past because it would cause social divisions and be too difficult to implement logistically. On one level, it’s easy to understand why such a drastic U-turn is needed.
The COVID-19 infection rates in Scotland have soared. In a single week, the number of cases has increased by 80%. Thousands have been forced to isolate themselves as a consequence. This includes Nicola Sturgeon, Scotland’s first minister.
Sturgeon warned of the seriousness of the situation, citing the sharp increase in cases. We must stop the rise in patients.”
Is it that the times call for desperate measures? In the proposed scheme, which will be voted upon in Holyrood over the next few days, a phone application displaying your double vaccination record will be required for entry to certain places. Nightclubs, events with a capacity of at least 500 people, outdoor events with a total of at least 4,000, or events (standing or sitting) outdoors that have a maximum of 10,000 are all included.
These certificates cover sporting and entertainment events that people attend. This requirement does not cover access to public services or events that people are not able to choose to attend.
Legal Issues
Up until now, England operated as a halfway house. The situation in the UK is not uniform. For major sporting events such as Wimbledon and Premier League Football, either proof of vaccination is required or the recent lateral-flow test. It’s even ambiguous when it comes to music festivals and gigs, which have adopted a mixed approach.
Boris Johnson, despite the dismay of some backbenchers, has said that he plans to push ahead with this plan in September.
In Scotland, however, certification will be the only way for people to gain entry into many nightclubs and events before the end of this month, assuming that the Holyrood Parliament approves the plan. The Scottish Greens, along with the SNP, have also criticized passports. Patrick Harvie, their co-leader, wrote that he was skeptical of the effectiveness of the scheme promoted by Boris Johnson. The power-sharing agreement, announced by both parties, is likely to convince the Greens to support the project despite not being part of the formal pact. Scottish Labour and Liberal Democrats are opposed to the system on a “principle” basis.
The law’s likely impact is unclear. It hopes that it will create “incentives” to encourage more young people in areas where vaccination rates are low to take up the vaccine. No vaccination? No dancing, no football, no concerts.
The vaccine, although it has reduced the severity of the virus and its transmission, has not decreased. This new measure, taken alone, will not have a significant impact on the number of cases. The passport requirement could have an unintended consequence, which is that some people may think this is all they need in order to protect themselves against COVID.
The Scottish and UK governments both have declared that they oppose mandatory vaccination. Despite the risks to public health, the COVID has remained a voluntary vaccine. Holyrood’s model of certification for vaccines treats the need to be vaccinated like a consumer decision.
You will be required to double-vaccinate as part of the contract that you sign with your local football or nightclub when you purchase a ticket. The Scottish government has taken a proportionate approach by allowing each individual to decide if they wish to double-vaccinate in order to participate in these events.
Even if the number of cases continues to rise, a return to another lockdown may be seen as unjustified when a high percentage of the population is vaccinated. This was one of many reasons given by the first Minister to lift all restrictions in August.
Balance act
But it might not be that simple. There will be other legal issues that arise. What will happen to the private companies that run these events when they collect sensitive information about people’s medical records? Do these barriers to entertainment discriminate against certain groups of society, like people with disabilities?
Those who are skeptical about authority, a viewpoint that is common among young people, may decide to turn their backs on it and stop attending events. This may reduce the spread of the virus but would have a negative impact on the already struggling entertainment industry.
Scots will be able to access a QR code from September 3 that indicates their vaccination status. There will be many issues to consider, but the COVID situation is severe enough in Scotland to warrant vaccine passports. The government sees this as a viable option to the reintroduction of lockdown and the potential backlash from the public and businesses.
