A bid by nightclub bosses in Scotland to derail the government’s vaccine certificate roll-out has been rejected by a judge at the Court of Session in Edinburgh who turned down a request for an interim order on the scheme, which would have stopped it coming into effect at 5am on Friday 1 October.
The appeal was brought by the Night Time Industries Association in Scotland, which claimed ministers were acting unlawfully by introducing vaccine passes, which will apply to nightclubs and large scale events.
But Lord Burns refused the petition in the Court of Session, ruling that the complainants were not able to demonstrate that the scheme is disproportionate, irrational or unreasonable – nor that it restricts human rights.
Said statement from the Night Time Industries Association Scotland, “Following the Court of Session ruling this morning where NTIA Scotland had sought Interim Interdict to halt the immediate implementation of the Covid Passport Scheme, we are deeply disappointed that this policy will now proceed from tomorrow, Friday October 1st.
“The ruling is particularly disappointing given that senior counsel for the Scottish Government only produced evidence materials by email at the last minute, literally whilst Lord Keen was making submissions on our behalf, and before The Scottish Parliament had the opportunity to review the same papers.
“We will continue to challenge Scottish Government on this issue as we start to address the practical and physical challenges presented by the implementation of Covid Passports across Scotland. Our position as to the wider legitimacy of the scheme is preserved, and we continue to take legal advice on our options.
“Meanwhile, it is essential that Scottish Government substantially increase efforts to communicate with the general public to increase awareness of the real impact this will have across the whole Nightlife environment in Scotland starting from Friday 1st October.”
All of which means from 5am on Friday, people going to nightclubs and large-scale events in Scotland will still have to prove they have had two coronavirus vaccine doses. But Scottish first minister Nicola Sturgeon has already said that businesses will have a two-week period of grace and not face the threat of enforcement action for non-compliance until Monday, 18 October.
