ARCHIVED - Galicia introduces fines of up to 60,000 euros for refusing vaccination as part of anti-pandemic legislation

Stiffer penalties in north-western Spain for failing to wear masks, ignoring quarantine orders and other failures to comply with anti-pandemic measures

All over Spain the re-introduction of tighter restrictions on socializing and travel in early January has illustrated that an alarming number of people are still determined not to comply with the rules implemented in order to protect public health, and there has been a rash of fines imposed for breaking curfew, failing to wear a facemask, not completing quarantine, disobeying travel bans and various other offences.

The regional government of Galicia has been highly critical of the "inaction" of the national government and has been amongst the most vocal critics of the refusal of the Prime Minister to enforce stiffer measures in the second and third waves of the pandemic.

In response, the regional government of Galicia passed amendments to its own regional public health laws this Tuesday to stiffen the penalties for failing to comply, raising punishments to up to 600,000 euros for transgressions such as resisting vaccination in certain circumstances or holding unauthorized social gatherings.

The law was passed with the votes of the ruling Partido Popular (PPdeG), opposed by the BNG and PSdeG.

The point which has attracted the most media attention relates to the penalties relating to the vaccination process.

The reform of Health Law 8/2008, which was opposed by the regional socialist party, includes the "unjustified refusal" of a vaccination "prescribed by the health authorities ", as a very serious infraction, which could be subject to penalties of more than 60,000 euros.

This is the first time that any regional government has included this type of clause in any legislation passed, as the national government (socialist) maintains that vaccination should not be mandatory.

During the debate on the bill, opposition parties argued that this legislation implies making vaccination "mandatory", against the criteria of the Ministry of Health for the entire state, and they consider it will only serve to "give wings to the deniers". In addition, they have refused to support the regulatory reform that they believe has a difficult legal framework. The deputy of the PPdeG Encarnación Amigo has denied that the legislation is "this supposed obligation for vaccination", and has explained that the sanctions can only be applied "in very specific circumstances.”

The reform of the regional public health laws, which date from 2008, was passed by a majority of just 2 in the regional parliament, and includes the following levels of punishment:

Non-serious offences with fines of up to 3,000 euros:

• Failure to wear a mask properly.
• Taking part in “botellón” drinking sessions in parks, squares and other public spaces.
• Failing to take medical tests ordered by the authorities.
• Rejecting vaccinations or other immunization treatments.
• Failing to obey travel bans.
• Taking part in openair social gatherings.
• Failing to heed established opening times in bars, shops and other establishments.

All of these offences will be treated as non-serious unless they bring about a significant risk to public health.

Serious offences with fines of between 3,000 and 60,000 euros:

• Any of the offences listed above if it entails a serious risk to public health.
• Failing to complete quarantine and self-isolation periods stipulated by medical professionals after being diagnosed with an infectious condition (this includes quarantine).
• Failing to close businesses whose closure has been ordered by the authorities.
• Failure to supply information required by health authorities, or providing false information.

Very serious offences with fines of up to 600,000 euros:

• Any of the above offences when the risk presented to public health is “very significant”.
• Other behaviour which entails serious damage or risk for public health.