Covid: Faking test results to get pass to be illegal in Wales

It will be illegal to fake a lateral flow test for a mandatory Covid pass, under Welsh government plans.

First Minister Mark Drakeford said it would make it clear to people that falsifying negative results would put others in danger.

Under the plans, ministers will require people in nightclubs or big events to show they are fully vaccinated or have recently tested negative.

But the Tories questioned whether the scheme will be enforceable.

The Senedd will vote next Tuesday whether the pass scheme will be implemented from 11 October.

Labour ministers will likely require support from Plaid Cymru to pass the regulations, but the party has not decided whether to do so and has asked for more detail.

The Welsh Conservatives and Liberal Democrat Member of the Senedd (MS) Jane Dodds are both opposed to the plans.

Passes will show if individuals have had both doses of a vaccine, or if they have had a negative lateral flow test result in the last 48 hours.

There are concerns test results could be faked, however, because people will need to self-certify that they have done the test.

In first minister's questions in the Senedd, Plaid leader Adam Price asked if Mr Drakeford was proposing to use technology that would prevent that happening.

Mr Drakeford acknowledged that existing lateral flow devices "could be vulnerable to exploitation".

He said the Welsh government's regulations would make it a "criminal offence knowingly to falsify the results of a lateral flow device, to make it clear to people that to do so is to put other people directly in danger".

He said there had been discussions with the UK government about the type of technology Mr Price raised.

"If it becomes possible, through technology to move lateral flow devices beyond self-certification, I agree that would certainly be an important step forward."

He said the "adverse" public health impact of checking everyone's pass in long queues at large scale events, such as rugby internationals, would "outweigh the advantages of the pass itself".

In those circumstances, organisations would check randomly, he said, saying it happened at the Labour Party conference in Brighton on Monday.

Mr Price also raised the cancellation of the Welsh Labour conference, saying: "The clear implication, I think, is that others should follow your example."

But Mr Drakeford said it was for individuals and organisations to "weigh up the position for themselves".

The Welsh Conservatives said the plans were "coercive, ineffective, anti-business and will place undue limits on our basic freedoms."

"But we also know that enforcement of the regulations will be non-existent. How is a doorman meant to ascertain whether a test has been faked or not?"

The announcement of a debate on 5 October followed demands from opposition parties for a vote on the scheme before it comes into force.

Plaid Cymru, whose votes may be crucial, has said there are questions about the practicalities of the scheme.

But it also said it made sense "to look at all options where evidence suggests that requiring proof of Covid status can help limit transmission".

The Welsh government is in talks with Plaid, which are yet to conclude, on a separate and broader co-operation agreement.

Labour ministers control precisely half of the votes in the Senedd, and need opposition help to pass laws.

Mr Drakeford said: "The Covid pass has been used in Wales for some events over the summer and some premises already require the pass to be shown as a condition of entry.

"We do not introduce such measures lightly, we want to support venues to stay open and enable events to continue taking place through a potentially difficult autumn and winter."

It is unusual for Welsh ministers to table votes in the Senedd on new Covid regulations - such as on lockdowns - before they come into force.

During the pandemic, ministers have used emergency powers to pass regulations into law themselves, with Senedd members asked to endorse them later.