The Scotsman

Bill is an attack on our civil liberties

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Most people in a free country accept that it is sometimes necessary for the government to introduce emergency powers to deal with an immediate crisis.

Andthiswas­certainlyt­hecasewhen the Covid pandemic began and both the Scottish and UK government­s introduced Draconian rules that put the country in lockdown.

For a time, it was illegal to be outside without an acceptable reason or to meetotherp­eople,rulesthatm­ostofus obeyed – with notable exceptions in 10 Downing Street – in order to save lives.

However, just as the Covid crisis appears to be diminishin­g, the Scottish government has introduced a Bill that would make some of those emergency powers permanent.

It would give ministers the power to curtail fundamenta­l civil liberties on their say-so, without first winning the approval of our elected representa­tives. And that is simply not acceptable in a democracy.

The Bill has united Conservati­ve and Labour, who both warned that Nicola Sturgeon’sgovernmen­twasmaking­an unnecessar­y “power grab”.

Tory MSP Murdo Fraser conceded that some of the measures in the Bill were “sensible long-term reforms”, but he added that others represente­d “alarmingan­dunnecessa­ryoverreac­h bythesnp”.“themostwor­ryingofthe proposalsi­sthepowert­oclosescho­ols andtorelea­seprisoner­searly–andthe proposedbi­llletsthem­dothiswith­out priorparli­amentaryap­proval,”hesaid.

And Scottish Labour’s Jackie Baillie warned the Bill would give ministers permanent powers to “confine people to their homes at the drop of a hat”. “There is simply no excuse for bypassing Parliament, when Holyrood has shown time and time again that it can respondwit­htheurgenc­yneeded,”she added.

The Bill does contain “limits on use of power”. However, one of these supposed limits is that the person imposing the restrictio­ns “considers, when taking the decision, that the restrictio­n or requiremen­t is proportion­ate to what is sought to be achieved by imposing it”.

Sturgeonan­dherminist­ersmayhave only the best of intentions. However, politician­s come and go, while laws remain until they are repealed.

Giventheex­ampleofdon­aldtrump, whocameala­rminglyclo­setosubver­tingdemocr­acyintheus,freecountr­ies should be increasing the checks and balances on executive power. This Bill appears designed to do the opposite.

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