Scottish Government ministers have moved to permanently enshrine emergency lockdown powers in law.
The Coronavirus (Recovery and Reform) (Scotland) Bill would give ministers the ability to respond to future public health emergencies in a similar way to legislation passed during the pandemic.
The plans seek to extend the capacity to close schools, enforce stay-at-home restrictions and shut down hospitality venues beyond the Covid crisis, without having to seek parliamentary approval.
In total, the new Bill proposes changes in 30 legislative areas, which were modified by temporary provisions made under Scottish and UK coronavirus legislation.
However, the proposals have been described as a power grab which could sideline democratic scrutiny.
The Bill does contain “limits on use of power”, including 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”.
What opposition parties say
The Bill has united Conservative and Labour, who both warned that Nicola Sturgeon’s government was making an 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 “alarming and unnecessary overreach by the SNP”.
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 respond with the urgency needed,” she added.
'A blueprint to go backwards'
Ryan Crighton, Policy Director at Aberdeen & Grampian Chamber of Commerce, described the bill as a 'blueprint to go backwards'.
He said: "The first minister has said repeatedly that we need to learn to live with this virus - something which the government, businesses and the public are aligned on.
"But let's be clear, this is not a plan to live with the virus, this is a blueprint to go backwards. After the last two years, we should be looking for ways to add more checks and balances to executive power, not undermining democracy and handing a free rein to ministers.
"The only meaningful check on these new powers is that ministers must consider whether restrictions are proportionate. This is a balance the government failed to get right with its damaging response to Omicron, which has brought our high streets and hospitality businesses to their knees.
"The focus of our ministers from this point forward should be on ensuring our NHS has the capacity to cope with future peaks of demand and putting all of its efforts into a plan for economic recovery and saving our town and city centres. Not on seeking to turn what was emergency legislation into permanent powers to restrict the lives, livelihoods and operations of Scotland’s people and businesses."
What the government says
Deputy First Minister and COVID Recovery Secretary John Swinney said: “Scottish Ministers have already removed many of the temporary measures that supported our response to the pandemic, which are no longer needed.
“However, we believe those pragmatic reforms that have delivered demonstrable benefit to the people of Scotland should continue.
"Whilst it has been incredibly disruptive, the urgency of the pandemic has driven the pace of digital adoption, and in some cases more efficient ways of working, and better service to the public."
What happens next?
MSPs will now scrutinise and debate measures proposed in the Bill.
You can read the legislation in full here.