The draft legislation, which could replace a law dating from 1934, has sparked fears that government officials could be given rights to forcibly enter Islanders’ homes.
The proposed law, which is currently out for public consultation, is described in accompanying literature as stemming from ‘significant gaps’ identified in the Island’s legislative powers during the course of the recent pandemic.
In the event of a future pandemic or other public-health emergency presenting the risk of harm to human health, government officials could be empowered to take action in events ‘where voluntary co-operation is not forthcoming’.
Senator Steve Pallett said he had received ‘hundreds’ of emails on the subject, and believed other politicians had also been contacted in similar volumes.
He said: ‘I think there’s a growing resentment around the restrictions that have been imposed and a desire to get back to normality.
‘There have been a lot of restrictions during the pandemic, some of which have put civil liberties at risk, and I can understand the frustration people are feeling.’
Senator Pallett said he had sent generic responses to more than 100 emails, and had at least as many still awaiting a response, but urged Islanders to take part in the consultation on the proposed law.
‘This is at a very early stage and, after the consultation, there would be law-drafting and then another consultation before the proposals came to States Members for scrutiny, but people should respond to the consultation now or else there’s a risk that government senses people aren’t concerned,’ he said.
Speaking in the States Assembly last week, St John Constable Andy Jehan asked Health Minister Richard Renouf whether he was suggesting that officials could enter a property against the occupant’s will and forcibly administer a vaccine.
Deputy Renouf said this was ‘certainly not’ the case, but that the intention was to achieve a balance and replace ‘hugely outdated’ public-health legislation.
The Health Minister said that it was sometimes necessary to go beyond government recommendations and use legal powers of enforcement, citing mask-wearing as one example.
There was controversy in 2013 when new safety laws proposed by the Health Department were criticised before eventually being shelved.
Anne Pryke, then Health Minister, said the ability to inspect properties would only be used in extreme circumstances, but the proposals were described as ‘very, very draconian’ by Deputy John Young who, at the time, was head of a Scrutiny panel. He is now the Island’s Environment Minister.
Islanders wanting to have their say on the potential Public Health Law should visit gov.je/government/consultations by 30 July.
