A decision to keep Glasgow at Level 3 of lockdown while the rest of Scotland enjoys more freedoms is unfair and unlawful, a former MSP has claimed.
Adam Tomkins, a legal academic who stood down from Holyrood ahead of the recent election, argued that blanket restrictions on pubs, clubs and restaurants are unlikely to survive an imminent legal challenge being brought by hospitality industry bosses.
The former Tory MSP for Glasgow said current rules imposed on the council area were "disproportionate" given the low numbers of people currently hospitalised with covid.
Scotland's largest city currently faces tougher lockdown laws than any other major urban area in the UK, with pubs unable to sell alcohol indoors and indoor gatherings banned.
"Emergency powers are for emergencies. While the Covid-19 pandemic is not yet behind us, there is mercifully no longer a public health emergency in Scotland," Tomkins wrote in The Times.
"Yet emergency powers continue to impede our freedoms and to impose next to impossible trading conditions on Glasgow's pubs, bars, cafés and restaurants. And the night-time economy has not yet even started to reopen.
"It is increasingly hard to argue that this is fair, just, proportionate or lawful."
The Glasgow University academic added: "This is a question of judgment, not of science. It calls for an honest assessment of risk and consequences.
"If there is a real risk that the NHS could be overrun because Covid is causing serious illness then even the most severe restrictions could be deemed necessary. But this is not where we are.
"We should tolerate only those restrictions on our lives and livelihoods that are necessary.
"Where there are less restrictive means available to protect the NHS they should be adopted. Disproportionate restrictions are not only unfair, they are unlawful."
A Scottish Government spokeswoman said: “We have always said we will keep plans under review and accelerate the lifting of restrictions if possible.
“We understand the difficult situation faced by people and local businesses as a result of Glasgow remaining in Level 3, and are doing all we can to mitigate against the impact of the continuing restrictions.
“We continue to closely monitor the situation in all local authorities and will adapt our response accordingly, if need be, to ensure that any rapid rise is addressed rapidly and decisively, giving as much notice of the changes as practical and possible.
"Further funding has been made available to Glasgow City Council to provide additional support for businesses in hospitality and leisure in Glasgow, on top of grants of up to £750 per week.”
Do you agree with Tomkins' comments? Have your say in the comments section.
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