THE Department of Health has rejected claims from Sinn Féin that a proposed Public Health Bill for Northern Ireland “is not fit for purpose” and that equality and human rights elements have been ignored.
The plans have attracted considerable controversy, with fears that Stormont could introduce measures like mandatory vaccinations in a public health emergency.
Health Minister Mike Nesbitt has already said he does not back mandatory vaccinations and extended a public consultation until Monday to avoid “confusion,” but this was not enough to stop hundreds attending a protest outside Belfast City Hall on Saturday.
The DUP have already opposed the “sweeping powers” suggested in the consultation, particularly over mandatory vaccinations, accusing the Health Minister of “a huge overreach” and undermining public confidence.
Sinn Féin’s health spokesperson Liz Kimmins, who also chairs the Stormont Health Committee, has now objected over the apparent lack of an equality and human rights impact assessments - but did not reference the concerns over vaccinations or other mandatory powers.
“There is a need to ensure that public health legislation is up to date and fit for purpose,” she said.
“However, any proposals from the Health Department for a new Public Health Bill must be consistent with people’s human rights and equality requirements.
“The absence of both an Equality Impact Assessment and a Human Rights Impact Assessment from this consultation document is a serious and unacceptable omission.
“The Department of Health’s proposals and the consultation are not fit for purpose and Sinn Féin does not support the approach being pursued by the Minister for Health.”
On Tuesday, a department spokesperson responded: “The statement is not correct. A full draft Equality Screening, Disability Duties and Human Rights Assessment was published alongside the main public consultation document .
“This Assessment will be updated for any new Public Health Bill. Northern Ireland needs to replace outdated public health legislation that is more than 55 years old and focuses on infectious diseases.
“The threat to human health in the 21st century is unfortunately much broader.”
A Sinn Féin spokesperson later said: “According to the consultation document, the Department decided an Equality Impact Assessment (EQIA) was not required.
“While the consultation does include a draft Human Rights Impact Assessment, it is our view that the inclusion of both the Equality and Human Rights Impact Assessments in full are essential given the significance and far reaching consequences of the proposals.”
The department went on to say the legislation would bring Northern Ireland into line with the rest of the UK for infection and contamination from biological, chemical and radiological sources.
“To protect us from these threats we need to better and more quickly identify these threats, quickly find where they came from, prevent them from spreading further or causing more harm and effectively treat those affected.”
They said the option for mandatory vaccination was included in the consultation as a number of other countries have this requirement in place, with the Minister feeling the public should have their say on “all possible options.”
The Department of Health has published a fact file on the ongoing public consultation on a new Public Health Bill.
— Department of Health (@healthdpt) October 4, 2024
➡️Read it here: https://t.co/EZh2D315fY pic.twitter.com/4PWeQV5Xdx
Earlier this month, the Department also published a fact file to counter “misunderstandings” about the consultation.
It stated that certain public health powers in relation to households, businesses and schools were needed “on very rare occasions” when someone may be ignoring a public health threat that themselves and others at risk.
It also said that “significant safeguards” would be in place, meaning a magistrate’s court order would be needed to enter someone’s home, compel them to undergo a medical examination or to be kept in isolation or in hospital.
Existing legislation already allows for someone with an infectious disease to be removed to hospital or detained.
