Legal expert savages SNP over power grab plans

NICOLA Sturgeon’s lockdown ‘power grab’ shows a ‘profound ignorance of democratic government’, according to her former law tutor.

Alistair Bonnington, former honorary professor of law at Glasgow University, launched a scathing attack on the proposals.

The First Minister has been urged to scrap ‘draconian’ legislation that would see temporary powers to fight coronavirus become permanent.

SNP ministers would have the power to close schools, force people to stay at home and release prisoners from jail at any time in response to other virus outbreaks or contaminations.

Mr Bonnington told the Mail: ‘It’s a fundamental principle of democratic government that ministers only have such executive powers as are necessary. Elected members should always scrutinise with due doubt the granthave ing and exercise of ministerial power. Ministers are answerable and responsible to the elected members in parliament.

‘Granting of extraordinary executive powers such as the Covid powers are justifiable only in a national emergency. History shows that any powers granted to the executive will be misused for ulterior purposes.’

Mr Bonnington added: ‘All this displays a profound ignorance of democratic government. A majority in a parliamentary election isn’t in effect a granting of unlimited executive powers to the winning party. I honestly think that the SNP don’t understand this fundamental point.’

Scottish Tory Covid recovery spokesman Murdo Fraser said SNP ministers appeared ‘content to ignore’ a public consultation indicating huge opposition to the ‘blatant and unwarranted power grab’.

He added: ‘Perhaps they will have the sense to listen to the grave concerns of the First Minister’s former law professor. He’s right to point out that the SNP shouldn’t act like they unlimited powers, given the election result last year.’

Senior lawyers have described the move to impose the legislation on Scots as ‘far too premature, risky and unnecessary’.

The Law Society of Scotland warned: ‘These provisions have the potential to result in very significant restrictions on liberty being imposed by regulation, with reduced opportunities for parliamentary oversight and scrutiny.’

Writing in the Mail this week, Adam Tomkins, professor of law at Glasgow University, said: ‘Freedom isn’t merely ill in Nicola Sturgeon’s Scotland. It’s dying. We don’t have in Scotland a government that is accountable to parliament.

‘We have instead a government that uses and abuses parliament to ram into law draconian powers.’

Even a former SNP minister broke ranks on the issue. Ex-health secretary Alex Neil said: ‘I very seldom agree with Adam Tomkins but I do agree that no government should get such draconian powers other than in very exceptional circumstances.’

Labour MSP Jackie Baillie said: ‘These emergency powers were a necessary response to an unprecedented crisis, not a free pass for ministers to hoard new powers.’

The Government said the proposed measures ‘bring Scotland into line’ with legislation already in place in England and ensure ‘ministers can take effective’ action to deal with public health threats.

A spokesman added: ‘As with existing temporary legislation, all future public health protection regulations would be subject to parliamentary scrutiny and approval.’

‘Very significant restrictions’