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The Scottish government has published draft regulations that prohibit entering or leaving the country without a reasonable excuse, as well as significantly restricting travel within Scotland.
The regulation, which will come into force on Friday at 6 pm, was described as “deeply flawed” by opposition parties, who said they had “serious doubts” about the competence of Scottish ministers to legislate in this way.
According to the draft document, a person living in Scotland must not travel to any other part of the common travel area (England, Wales, Northern Ireland and the Republic of Ireland) and no one from those places can travel to Scotland. Failure to comply with these cross-border restrictions is punishable by a fixed minimum fine of £ 60.
The guidance accompanying the regulations also states that people in local authority level 3 or 4 areas, which includes much of central Scotland, “must now remain in that area unless they have a reasonable excuse to travel, such as work, education or social assistance “. reasons. “Going on holiday, whether elsewhere in Scotland or abroad, is not considered a reasonable excuse.
The restrictions on cross-border and internal travel are accompanied by a long list of exemptions. A person can leave Scotland to take a driving test, feed an animal or donate blood, in addition to the more common exemptions for work, education and health.
Scottish Conservative MSP and Public Law Professor Adam Tomkins said: “Is this within the purview of Holyrood? On the one hand, freedom of movement appears to be expressly reserved to the UK Parliament under Scottish Law. On the other hand, it is not clear that the Scottish Parliament can establish rules contrary to the common travel area, as agreed by the UK and Ireland.
“It is not entirely clear whether the draft regulation published today is the responsibility of the Scottish Parliament.”
In questions from the prime minister on Thursday, Scottish Labor leader Richard Leonard described the travel ban as “deeply flawed” and said: “The overwhelming majority of people are trying to keep up with regulations to comply with them. But the best case scenario is that this travel ban will confuse them. The worst case scenario is that it will criminalize them. “
Leonard asked Nicola Sturgeon about the case of Linzi Page, 38, who has terminal cancer and is concerned that her “last vacation” with her children will be affected by the ban.
The prime minister said she had contacted Page to tell him that traveling for “compassionate reasons related to the end of a person’s life” was exempt and that the family could go on vacation.
The regulations in force in Wales state that travel to the country from England is not allowed without a reasonable excuse, for example traveling for work purposes. Visiting family and friends or having a vacation is not considered a reasonable excuse.
The current regulations for England’s current lockdown state that no person can leave home without a reasonable excuse, which includes work, exercise and education.
