Lawyers across Scotland have written to the country’s court service raising serious concerns about Covid-19 safety measures.
A total of 11 legal bar associations, including Edinburgh and Glasgow, have signed a letter claiming that some courts are failing to enforce contact tracing measures and have little or no enhanced cleaning procedures in place.
They also claim that more screens should be put in place in courtrooms to offer additional protection to staff.
It comes as two clerks at Edinburgh Sheriff Court tested positive for the virus, with around 14 members of staff now believed to be isolating.
The Scottish Courts and Tribunal Service (SCTS) said it has “strictly followed very clear public health guidance” throughout the pandemic “to provide a working environment that is as safe as possible”.
However, Julia McPartlin, president of Edinburgh Bar Association, said there are concerns about inconsistencies in safety procedures across the court estate.
“Having looked at the SCTS guidance on safety, it strikes me that they’re just paying lip service to it,” she said.
“There are a lot of inconsistencies. The other day I was in Paisley Sheriff Court and I was told on entry to scan the QR code for contact tracing. That isn’t happening in Edinburgh and we haven’t seen anything extra in the way of cleaning either.
“SCTS guidance also says that screens are for use when 2m social distancing isn’t taking place, but in many cases it’s not and there are no screens.
“It’s frustrating because at the minute, you can go to your local corner shop and they have protective screens in place, but the courts don’t.
“We ultimately want to be able to carry on with court business, it’s in our interests that that happens.
“It seems to me that if they put in robust safety measures, they could actually increase the cases that are being held and work faster to deal with the backlog.”
In its response to the bar associations, SCTS said it encourages everyone to sign into its contact tracing system when attending court and that there are enhanced cleaning procedures in place every day across the entire court estate.
The service also said it took the decision not to install screens in court as the public health advice was that maintaining physical distancing was the preferable appoach, however it is looking into the possibility of installing them in smaller rooms and interview spaces.
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In relation to the cases at Edinburgh Sheriff Court, Ms McPartlin described SCTS’s handling of the situation as a “shambles”.
She claimed a deep clean of a courtroom and the court’s criminal office took place on Monday, but solicitors were not told about it and so entered those locations before the cleaning took place.
The solicitor said: “They sent us an email about the positive case at 9.15am on Monday but it mentioned nothing about a deep clean, then I called at 9.40 and was told that we should stay away from the courtroom because of the clean.
“I’m not sure when we would’ve been told if I hadn’t called about it, and by then it was already too late, one of our agents had already been in.
“There needs to be better communication to stop this from happening again.”
A SCTS spokesman confirmed that two members of staff have tested positive for the virus and that “a number” of others are isolating as a result.
He added: “Our daily cleaning provides for an enhanced clean of all offices and courtrooms, and this took place on Friday evening.
“As a precautionary measure, a further targeted clean was undertaken on Monday morning. Before this was competed a solicitor entered the Criminal Department – signage is now in place to prevent that.
“Due to the enhanced cleaning already carried out the risk was minimal. No solicitors received a text from Test and Protect as a contact of the individuals who tested positive.
“NHS Lothian Health Protection Team were informed and all relevant health and safety procedures have been carried out. A local risk assessment was undertaken. The court remains open and business is continuing.”
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Lorna Jack, chief executive of the Law Society of Scotland, said: “The health and safety of our members and all other court users must be a priority.
“While we appreciate the difficulties that everyone is operating under and the steps that have been taken already by the courts, it is extremely disappointing that our members have continued to report instances where they believe that coronavirus safety measures within courts are insufficient or not consistently applied.
“We have raised a number of concerns previously and again this week, on issues including sanitisation supply, sanitisation of courtrooms between use and the ability to maintain social distancing.”
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