Coronavirus: Clear definition of ‘essential services’ needed as a matter of urgency – John McLellan

Nicola Sturgeon’s instructions, but much of the confusion has come down to what is or isn’t defined as a key worker and who should decide.

As far as providing childcare is concerned, it has been left to Scottish councils to decide who does or doesn’t qualify for a place for their children, which makes some sense as it’s councils which operate them, but as tougher, police-enforced movement restrictions are introduced the uncertainty about what is or isn’t an essential service is causing concern across the workforce.

No-one likes to think their job isn’t essential and leaving it to councils risks creating 32 different definitions. The Scottish Government is trying to emphasise that it’s the working practices which are as important as anything, with employers supposed to ensure strict adherence to social distancing rules, but without clear definitions much of the enforcement is going to be left to the discretion of individual council officials and police officers.

We are only at the start of this process and the law has not yet been changed to give the police enforcement powers, but with fines coming in and the prospect of tougher measures against repeat offenders the pressure for more clarity will intensify.

No-one disagrees that saving lives is paramount, but we are placing great faith in officials that excessive individual authoritarianism will not prevent the legitimate provision of justifiable services. The Scottish Government will establish a central advice service; it’s going to be needed.