An update about the legal situation in France regarding the health pass:
Passage of the bill for the health pass in the Assembly: analysis and summary
After a sleepless night of stormy parliamentary debates, the National Assembly finally adopted the bill on first reading:
117 for, 86 against, 28 abstentions.
First of all, it is important to remember that our National Assembly is made up of
577 deputies, so 346 of them were absent. For issues as important as the health pass and our freedoms, it would seem to make sense for the deputies to be present in the hemicycle.
Still, the votes were often close, but always in favor of the majority. However, the latter (LREM + MoDem + Agir Ensemble) provided the minimum service. Indeed, while these three groups together have 350 members, only 120 of them were present yesterday, that is to say 34% of their number. On the side of the opposition, following the same calculation: 227 members, 113 present, that is to say 50%. Why did the absentees not show up? What was the opposition doing? Were the 188 absent LREM members afraid to vote against their party by following their convictions? Is this absenteeism a reflection of a general "denial of democracy"? Did those present really represent the French people, by whom they were elected?
In any case, here are the results of the votes, while waiting for the modifications which will be brought by the Senate:
1.
The extension of the health pass to daily activities was accepted. It would therefore be officially implemented at the beginning of August, for all persons over the age of twelve, and this potentially until December 31, 2021.
2.
People who test positive for covid-19 will be placed in isolation for ten days. Moreover, they will only be able to leave their place of isolation "between 10 a.m. and 12 p.m. as well as in case of emergency or to carry out strictly essential movements that cannot be carried out within this time frame." Police controls may be set up until 11 p.m. at night.
3.
Health services and establishments will also be subject to the health pass, "except in case of emergency". This necessity had been removed by amendment 372, which was adopted around 5pm yesterday. But, in the middle of the night, Olivier Véran requested a second deliberation, finally allowing the measure to be adopted... As for the first vote in May, it seems that the government is doing as it pleases.
4.
Vaccination will be effectively made mandatory for health professionals.
5. For the others, employers will be required to respect the sanitary protocol and thus make it possible for their clients to check the pass. If they do not do so, they will face a fifth class fine. Three occurrences will be punished by
one year of imprisonment and a fine of € 9,000 for the employer.
6. On the employees' side, those who are subject to the vaccination obligation (see article 5 of the bill), will be able to be
dismissed if they do not wish to respect this obligation.
7. On the customers' side, a semblance of indulgence, it will not be a year of imprisonment and 15 000 € as requested by Christophe Blanchet of the MoDem, but the eternal
fine of 135 € that will be imposed on those who would forget to flash their QR code at the entrance of an establishment.
8.
The polling stations, mentioned by Joachim Son-Forget in his amendments,
will not be exempted from the health pass.
9.
Parliamentarians will not be required to apply the health pass like the rest of the citizens.
While, let's remember, all this is supposed to be a health issue, it seems that politics has taken the lead and that authority has been brought up to date. Whatever they are looking for or aiming at, all these measures, too often considered liberticidal, seem hardly applicable in reality. As far as the Assembly is concerned, it is "come what may". For the moment, the Senate has to decide what to do next.
Translated with
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