A GROUP of hospitality businesses has instructed a former Advocate General to formally challenge the Scottish Government’s vaccine passports scheme in court.
The Night Time Industries Association (NTIA) has instructed Lord Keen QC, to serve a writ on the Scottish Government after being left “disappointed” that SNP ministers “have failed to properly or meaningfully consult” with the sector.
The group has claimed the Scottish Government has “refused to recognise the key concerns of the hospitality and late-night sectors regarding the serious and unresolvable flaws inherent to this vaccine passport scheme”.
The NTIA has "lodged a petition at the Court of Session asking for orders which would prevent the Scottish Government vaccination passport scheme from coming into effect until after a full Judicial Review can be completed".
Nicola Sturgeon has announced that the controversial vaccine passport scheme will go ahead from Friday – but said businesses will be handed a “grace period” until October 18 before enforcement action for non-compliance will begin.
Confirming the scheme, the First Minister said that the delay to enforcement was "a very pragmatic compromise" after talks with businesses and stressed "the scheme is ready" to begin on Friday.
READ MORE: Scotland's vaccine passport enforcement to be delayed until October 18
Ms Sturgeon told MSPs that she recognised “many businesses have concerns about certification” but stressed “the government remains of the view that a targeted certification schemes does have a part to play in driving vaccination rates up as high as possible”.
But a spokesperson for the NTIA confirmed that legal action has been formally commenced in an attempt to halt the scheme bieng rolled out.
An NTIA spokesperson said: “ A two-week delay before enforcement does not in any way address the problems with discrimination, market distortion, unfair competition, lack of staffing and resources, or the catastrophic financial impact to small Scottish businesses this scheme will inflict.
“With just two days to go before commencement we have had no sight of the regulations, the guidance, the business regulatory impact assessment, the equality impact assessment, or any evidence at all for why such a scheme is required, proportionate, or lawful.
“Case numbers have fallen by over two thirds in just the last three weeks despite no additional restrictions or this scheme taking effect. It is now clear that the scheme is not required to reduce cases.
“It is with regret that we have today lodged a petition at the Court of Session asking for orders which would prevent the Scottish Government vaccination passport scheme from coming into effect until after a full Judicial Review can be completed.
“We would urge the First Minister to meet with us and agree more effective and less intrusive measures which would both achieve our shared public health aims but also allow businesses to remain viable.”
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