Fact file – consultation on a Public Health Bill
Date published:
The consultation on a proposed new Public Health Bill for NI has been the subject of significant interest and debate. This is to be welcomed.
Unfortunately, some misunderstandings have developed around some aspects of the consultation.
The Department would emphasise the following facts.
* Existing public health legislation in NI is outdated and out of step with the rest of the UK. It dates back more than 55 years and only covers threats to public health from infectious diseases. It does not cover infection and contamination from biological, chemical and radiological sources. The proposed new bill would address this gap, bring us more into line with the rest of the United Kingdom, and give us better protection. The consultation proposes an all hazards approach, and invites views on all options.
* There is currently no Public Health Bill. There is a public consultation on options for inclusion in a new Bill. When the consultation is concluded, all the submissions received will be reviewed, and a proposed Bill will then be prepared. It would need Executive and Assembly support before it becomes law. The legislative process will include detailed scrutiny by the Assembly Health Committee and debate in the Assembly chamber, with Members able to propose and vote on amendments as well as the final Bill.
* Public health powers in relation to households, businesses and schools are only used on very rare occasions. In the vast majority of cases, people readily work with the authorities to protect themselves and their families. Very occasionally, someone may knowingly or unknowingly be ignoring a public health threat and putting themselves and others at risk. On those occasions, public health intervention needs to be an available option to protect individuals and communities.
* As the public consultation makes clear, there would be significant safeguards to protect individual rights. A magistrate’s court order would be required for a wide range of actions including entering a dwelling, requiring a person to undergo a medical examination, be kept in isolation or remain in hospital.
* Existing legislation already enables an application to be made for a magistrates’ court order to require that a person who has an infectious disease be removed to hospital or detained there or not to carry on or participate in any trade, business or occupation.
* The Health Minister has stated publicly that he does not favour any mandatory vaccination powers being introduced. This option has been included in the public consultation to give people the opportunity to have their say. It will be for the Minister to decide what would be included in the Public Health Bill that goes to the Executive and Assembly.