The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 and The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2022: equality impact assessment

Introduction

The aim of this Equality Impact Assessment (EQIA) is to analyse the potential impacts for each protected characteristic under the Equality Act 2010, both positive and negative, of amending the definition of fully vaccinated to include the requirement for a booster vaccination if a person's primary course of MHRA vaccine was more than 120 days ago and amend the definition of late night venue. The scheme will continue to accept a record of a negative test (either lateral flow device (LFD) or polymerase chain reaction (PCR)) as an alternative to proof of vaccination in order to access those settings.

Where there are potential negative impacts, mitigating actions have been identified. The use of Covid Status Certification for international travel is beyond the scope of this impact assessment. A separate EQIA on this policy has been published. An Assessment of the core vaccination and testing policies have been undertaken and a separate EQIA.

The Scottish Government is mindful of the three aims of the Public Sector Equality Duty (PSED):

• eliminate unlawful discrimination, harassment and victimisation;
• advance equality of opportunity between people who share a protected characteristic and those who do not;
• and foster good relations between people who share a protected characteristic and those who do not.^[1]

We are also mindful that the equality duty is not just about negating or mitigating negative impacts, as we also have a positive duty to promote equality. We have therefore sought to promote equality through both the policy itself and supporting guidance.

While it is the view of the Scottish Government that any negative impacts of Covid Status Certification are currently justified and are a proportionate means of helping to achieve the goals set out by the Policy Objectives, we also recognise that these measures are only required to respond to the current set of circumstances, and are only necessary as long as the potential public health benefits can justify any negative impacts caused.

International evidence suggests that crises responses often inadvertently discriminate. The Equality and Human Rights Commission, the Scottish Human Rights Commission and the Children's Commissioner for Scotland stated in April 2020 they had already found increasing evidence that some groups are experiencing disproportionately negative impacts from the virus and some of the responses to it.^[2]

The Scottish Government is committed to ensuring that human rights, children's rights and equality are embedded in everything we do, and are central to our response to the pandemic. The Scottish Government's Framework for Decision Making recognises that harms caused by the pandemic do not impact everyone equally, and that we must work to advance equality and protect human rights.