The Council of Ministers adopted on Monday July 19 the bill comprising the new anti-Covid-19 measures, including the extension of the health pass, before a review this week by Parliament, under the pressure of the resumption of the epidemic in France.
The use of the health pass should be extended on Wednesday at the entrance to all leisure and cultural places bringing together more than 50 people, before being extended – a priori at the beginning of August – to restaurants, cafes, shopping centers, medical establishments. and long-distance transport.
“We have entered a fourth wave”government spokesman Gabriel Attal said Monday evening, estimating that the Delta variant today accounted for 80% of coronavirus contaminations.
Failures to control the sanitary pass sanctioned after a break-in period
The government is planning a “Break-in period” of limited duration, evoking ” one week “ or a little more, in order to“Support professionals” in the implementation of the health pass, said Monday Gabriel Attal.
For the operator of a place that would fail to meet future health pass control obligations, the amount provided for by the government text is 1,500 euros. The penalty will be one year in prison and a fine of 9,000 euros in the event of four verbalizations within thirty days.
In addition, employees in places where the health pass will be required will have until August 30 to present their employer with a valid certificate.
Mandatory ten-day isolation
Provided for in the draft law, the compulsory ten-day isolation for people infected with SARS-CoV-2 was approved by the Council of State, which however asked to limit the hours of checks by the law enforcement.
The text submitted to the Council of State provides for the placement and maintenance in isolation for ten days in the place declared for examination of a person detected positive for Covid-19. This provision has hitherto been reserved for persons entering the territory. The respect of this placement in solitary confinement can be controlled by the police and the gendarmerie, the procedure being placed under the control of the judge of freedoms and detention.
In its opinion delivered on Monday on the bill, the Council of State “Recommends expressly specifying (…) that checks cannot take place at night ‘. The National Academy of Medicine for its part warned Monday against this compulsory isolation. “The fear of having to undergo compulsory isolation on pain of sanction would encourage many people to bypass screening procedures” resulting in registration in the digital SI-DEP database, says the Academy. She recommends instead “To expand information on the principle of voluntary isolation and on the accommodation capacities of people who cannot isolate themselves at home”.
The obligation of control in shopping centers rebutted by the Council of State, the government maintains
Despite the advice of the Council of State, the government wants to maintain the obligation to present a health pass in certain shopping centers, the size of which will be defined by decree, announced Gabriel Attal.
“The pass may be required in shopping centers as soon as access to essential goods is guaranteed throughout the territory”, Mr. Attal said. In its opinion, the Council of State saw it “A disproportionate infringement of freedoms”, in particular for people who cannot be vaccinated for medical reasons and who will therefore have to be “Test very regularly” to access these centers.
Clarifications to come in the coming days
Gabriel Attal promised “Clarifications” regarding the use of the health pass for pregnant women and people who cannot receive the Covid-19 vaccine, often for medical reasons.
“In the coming days, clarifications will be given so that [ces personnes] are not penalized ”, promised Mr. Attal on Franceinfo, ensuring that there was no question of forcing them to be tested every forty-eight hours. For people who cannot be vaccinated, the government’s idea would be to allow them to obtain a health pass, despite their inability to be vaccinated and without having to undergo regular tests.
Towards adoption by the end of the week?
The text will be examined Tuesday in committee at the National Assembly, then Wednesday afternoon in the Hemicycle. In the morning, the Head of State will hold a new defense council dedicated to Covid-19. The Prime Minister, Jean Castex, will then be the guest of the 13 hours of TF1. It will be Thursday the turn of the Senate, dominated by the right, to examine the text with a view to final adoption by the end of the week, at the end of the extraordinary session in July.
Deputies and senators could quite quickly agree on this text which is the subject on its principles of a fairly broad approval, except La France insoumise and the National Rally. However, in the details of the measures, the elected representatives of the left, the right and also the presidential majority intend to seek the best balance between protection of the population and restriction of freedoms. After the senatorial right, the rebellious deputies announced Monday their wish to seize the Constitutional Council on the bill expanding the health pass, which in their eyes establishes a society “Control that destroys trust” and “Uniforms”.
The goal, shared in other European countries facing the meteoric spread of the Delta variant of the coronavirus, is to massively relaunch vaccination and avoid the return of containment or curfew measures when the economy picks up again. .
The text is presented while the French have, without waiting for the law, already massively resumed the path of vaccinodromes, but also when the anger of the anti-health pass is mounting, as demonstrated by the demonstrations on Saturday.