Scottish nightclubs launch legal challenge against vaccine passports
Rules on who can enter venues come into force at the end of next week
Last updated 22nd Sep 2021
Nightclub bosses are launching a legal challenge against the Scottish Government's controversial plans to introduce vaccine passports for entry into clubs and some other large events.
The Night Time Industries Association confirmed its lawyers were to commence proceedings, with the measures due to come into force at the end of next week.
They're concerned about the definition of nightclubs drawn up by the Scottish Government and the potential impact on parts of the hospitality industry.
The NTIA said the scheme - which begins at 5am on Friday October 1 - raises "serious issues with definition, market distortion, discrimination, resource allocation and economic impact amongst others''.
Vaccine passport plan "not proportionate"
The statement continued: "It is also clear to us that the policy as currently proposed is neither proportionate, nor represents the lowest level of intervention possible to achieve the public health imperative, and it is therefore likely to be unlawful.
"Regrettably then, and given the serious flaws in the policy as proposed, we have now instructed our legal team to commence proceedings against the Scottish Government with a legal challenge to vaccination passports.''
The organisation said it had hoped that "the recent evidence of rapidly falling cases might provide government with the incentive to look again and take the sector's concerns into account."
What IS a nightclub?
The legal challenge was confirmed less than 24 hours after First Minister Nicola Sturgeon set out more details of the scheme, including the definition of a nightclub.
This covers venues that are open between midnight and 5am, which serve alcohol after midnight, and have music for dancing as well as a dancefloor.
The scheme means people will have to prove they have had both doses of a coronavirus vaccine before entering.
Ms Sturgeon told the PA news agency the definition of a nightclub was "actually quite narrow''.
She said: "A vaccine certification scheme is not about making life difficult for businesses, it's about trying to use a proportionate measure to keep transmission of the virus under control over the winter, so that we can keep businesses like nightclubs and big events open and operational rather than them facing potential closure again this winter as they faced last winter, so it's about trying to keep the economy open.''
READ MORE: How vaccine passports will work
READ MORE: Nicola Sturgeon makes the case for vaccine passports
Political opposition to passport scheme
But with the Tories, Labour and Liberal Democrats all voting against the measure in Holyrood, Conservative Covid-19 recovery spokesman Murdo Fraser argued that the legal challenge was a justified response to an "extreme, damaging and profoundly unfair scheme''.
He said: "The NTIA has had no choice but to take the SNP Government to court, after their concerns have been repeatedly and deliberately ignored by the Government."
Scottish Liberal Democrat leader Alex Cole-Hamilton said: Hopefully this legal action will turn out to be last orders for this illiberal Covid ID card scheme.
"The Scottish Government should cut their losses and plough the resources that are going into this wasteful scheme into fixing our testing and tracing operation and ringing all of those who have yet to have two doses of the vaccine to encourage them to book an appointment.''