[quote Scottishskifun]@icanboogieboogiewoogie SG website states currently nonessential travel between Scotland and the rest of the UK and the wider common travel area is prohibited as a measure to reduce the risk of importation of the virus......
It's written in legislation banning non essential travel including CRA. I don't know what clearer statement is required which shows they think it comes from elsewhere.....
I have found the part about particular areas - I'm assuming this is related to when England had tier 3 levels and Scotland said no travel between Scotland and tier 3 England areas. Reality none of it is enforceable and large areas of England has a much lower rate than Scotland![/quote]
Surely you must be aware that individuals penalised have the right to challenge such decisions in court?
And do you understand the difference between primary and secondary legislation? Particularly in a unicameral parliament such as we have within Scotland, the legislative detail in the latter is not particularly well debated at times.
It is the courts who decide whether such legislation meets the wider public interest test so as to justify the penalty imposed, not the Scottish government. There is extensive case law, but to summarise, first of all the Scottish government would need to price that it was acting intra vires and disorive the presumption against such restrictions on the bass that human rights case law states that such restrictions must be short term and only employed where the safety of the entire population as a whole is under imminent threat. I dont see how a cross border travel ban at this late stage in the pandemic would stand up in court. It's disproportionate and difficult to justify in both fact and law.
The Scottish government has a fair bit of previous form for introducing legislation that the courts have slapped down. Minimum alcohol pricing was slapped down by the advocate general of the European Court of justice, which the SG was able to ignore only due to Brexit. The Named Person's legislation quietly disappeared when it was challenged on human rights grounds. We wouldn't even have the EU-led extension of FOI rights to environmental concerns if the SG had it within their devolution army remit, as they were dead set against it when consulted.
Why don't people in Scotland know thus basic stuff about the way their own country is governed? Why isnt it being taught in schools, or at least reported in newspapers?
I can't believe people aren't aware that government legislation can be challenged in the courts and that this is a normal part of a healthy functioning democracy. This is basic separation of powers stuff that is taught in schools in the rest of Europe.