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Outdated Public Health Ordinance Act to be updated – Attorney General
The need for an updated Public Health legislation is to be addressed during the next sitting of the National Assembly, according to Attorney General and Minister of Legal Affairs, Anil Nandlall.
During a virtual press conference held last week, Nandlall addressed concerns over the decades old legislation. While he admitted that there is need for stiffer penalties to help the tackle COVID -19, Nandlall noted the Ministry of Health has been in discussions on how to ensure that persons who choose to flout the COVID -19 regulations are met with the necessary punishment.
“The legislation is very, very old, a relic from colonial times and one that unfortunately was never updated,” he said, noting that plans are to have the legislation updated in Parliament with a view of better dealing with matters of a public health nature.
Attorney General and Legal Affairs Minister, Anil Nandlall
“It is a work in progress – we don’t have a parliament right now but certainly that is an area that will be reviewed and reformed when Parliament resumes,” the AG added.
According to Nandlall, the Health Ministry currently has a proposal for a new Public Health Bill which will seek to address all of the shortcomings evident in the Ordinance which was passed in 1934.
Although the existing legislation has provisions to address a number of issues in public health, the penalties are so miniscule. As such, there have been numerous complaints about nuisances; non-compliance with public health requirements in building codes, the operation of businesses and reports of offensive trade have mounted, among other issues.
For instance, Section 77 of the Public Health Ordinance, Chapter 145 outlines conditions that constitute a noise nuisance. However if a person is found culpable under the Act, a magistrate cannot direct the execution of any works of which the probable cost exceeds $15,600, or impose a penalty of more than $1,560 on anyone on whom an order is made. If the defendant decides to be malicious or cannot afford the $1,560, he or she can then pay a fine which does not exceed $195.00 per day.
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