Vaccine pass: what is in the bill presented to the National Assembly on Wednesday


PARLIAMENTARY DEBATES – The bill transforming the health pass into a vaccination pass is being examined on Wednesday by the Laws Commission at the National Assembly, with a view to coming into force on January 15. What exactly does this text contain at this stage?

The government has accelerated the schedule. The text of the bill will be examined this Wednesday in the Law Commission of the National Assembly, following a hearing with the Minister of Health, Olivier Véran, scheduled for 2:30 p.m. The text will then be discussed in session at the National Assembly on January 3, before passing to the Senate, with a view to coming into force on January 15.

No less than 268 amendments had been tabled Wednesday afternoon, in particular by the opposition, according to our information. The LFI group should demand the withdrawal of the vaccination pass. LR amendments were also tabled to keep the current health pass for 12-17 year olds, rather than the new vaccination pass. While the hypothesis had been put forward, the LaREM group will not table an amendment to impose the pass in business, the social partners being opposed to it.

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If the bill mainly concerns the creation of a “vaccine pass” and its modalities, it contains other provisions such as strengthening of controls and penalties in the event of fraud. Subject to discussions in Parliament, here is a short summary of the main aspects of the text.

The health pass becomes the vaccine pass

Introduced last May and extended in August to many activities of daily life, the health pass has been replaced by a vaccination pass, reserved only for people who can attest to a complete vaccination schedule. This is the heart of the text, in line with the government strategy in the face of the epidemic, now focused above all on vaccination. The vaccination pass will therefore be payable by anyone over the age of twelve, for access to bars and restaurants, to all cultural or sporting leisure activities, to fairs and trade shows, as well as to interregional transport. . The prefects will also be justified in imposing it, or not, for access to shopping centers.

All professionals working in the cases mentioned are also required to have a pass, and therefore to be fully vaccinated. However, they may have a “transitory pass” if they demonstrate that they have started a vaccination course.

The health pass as we have known it until now will nevertheless remain sufficient to access institutions for the care or accommodation of the elderly. A proof of vaccination, the result of a negative test or a certificate of recovery from Covid-19, will thus allow everyone, visitors, patients or caregivers, to access these places.

Reinforced controls and sanctions

The bill presented on Wednesday also widens the possibilities of checking the pass: the professional of a site accessible on its presentation will be able to request an identity document from its holder. The drafters of the draft recall that similar regulations already exist for payments by check, or the sale of alcohol and cigarettes.

Sanctions against offenders will also be tightened, both for holders of a false pass, and for professionals who do not control them. From the first offense, a fine of 1500 euros may be applied.

Extended state of emergency in Réunion and Martinique

Held to know health situations already worrying, and that the current epidemic wave could worsen, Reunion and Martinique see the state of emergency extended until March 31, 2022. The text also anticipates the possibility, depending on the health situation, to extend it also to other overseas communities.

Debates and amendments

According to a parliamentary source contacted by LCI, more than 100 amendments had already been tabled on the eve of the text’s arrival in the Assembly. Three-quarters of them would come from France Insoumise, and would aim to abolish the vaccine pass. Several amendments were also tabled by the Les Républicains group, including one which would establish the maintenance of a simple health pass as we know it for 12-17 year olds.

The LaREM group finally decided not to table an amendment to promulgate the vaccination pass in business, as had been envisaged for a time.

Olivier Véran finally indicated on Wednesday that the government would propose, by way of amendment, several provisions aimed at extending beyond December 31 measures already in force: the guarantee of financing of health establishments confronted with deprogramming, compensation loss of activity for doctors working in private health establishments and mobilized for vaccination, and 100% coverage of teleconsultation acts.

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Council of State: (overall) favorable opinion

The government made public the opinion issued on Monday by the Council of State, which was cautious about the “necessity and proportionality” of the vaccination pass, but overall favorable to the text that the executive sends to the Assembly. Without contradicting the principle, the Council of State however noted that the vaccination pass “is likely to seriously undermine freedoms” and “can significantly limit the freedom to come, go and meet”, as well as “the right of collective expression of ideas and opinions”. However, the Council acts on “significantly different health context” of that which prevailed during the establishment of the sanitary pass.

Its expectations suggest that “the certificate of reinstatement” of Covid-19 can be considered “as a substitute for proof of vaccination status”. On the other hand, the application of the vaccination pass to 12-17 year olds seems to him, “a coherent choice”, as well as the “verification of the identity of customers by professionals” appears to him “necessary”.

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