AQW 14823/22-27
Ms Claire Sugden
Independent
East Londonderry
Tabled Date: 11/09/2024
Answered On Date: 10/10/2024
Priority Written: No
Question:
To ask the Minister of Health to detail (i) the rationale for proposals of Health Measures in Relation to Persons in the new Public Health Bill for Northern Ireland; (ii) whether he has considered another approach that does not legally impose proposed restrictions or requirements; (iii) how these proposals impact on (a) human rights; and (b) data protection; and (iv) the risk of not moving on these proposals.
Answer:
The existing Public Health Act 1967 is no longer fit for purpose and requires modernisation to enable NI to respond appropriately to 21st century public health emergencies. The overarching principle of the proposed legislation is to protect the population against threats to public health. Health measures in relation to persons are intended for use only in the rare event that voluntary cooperation to avert a health risk cannot be secured and where other methods of control have been exhausted or are deemed ineffective, unsuitable or disproportionate to the risk involved. A decision to action such powers by way of regulations would be subject to public health advice and would require Executive and Assembly approval. Striking an appropriate balance between protecting public health and respecting personal freedom is at the core of the policy proposals. Existing public health legislation largely predates contemporary human rights and data protection legislation. The proposals comply with these laws by incorporating a robust range of protections and safeguards, in addition to an underpinning requirement that any action taken must be proportionate to the risk presented. A failure to replace our outdated public health legislation leaves NI misaligned with other regions of the UK and poorly equipped to deal with a future public health emergency.
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