NEVER AGAIN !

Never again should we allow a single Member of the Jamaican Cabinet and Government Minister to single-handedly implement any new and far reaching law without first following the path laid out in our constitution for the process of taking a bill and making in a law.

The PNP and Dr Ferguson have not displayed good judgement and has misused the Public Health Act to rush into law, the no smoking regulation. The act sighted by the minister which he used to implement this law , was never meant to be used in the manner and when he has done was to abuse his discretionary powers given by the act to get the law passed.

So what does the Public Health Act of 1995 says about the power of the Minister:

14.41 The Minister may make regulations generally for carrying out the provisions and purposes of this Act, and in particular, subject to section (7), but without prejudice to the generality of the foregoing, may make regulations in relation to-

 

(a)  notifiable and communicable disease, the treatment and prevention thereof and the isolation of patients suffering there from;

(b)  the prevention, mitigation and suppression of disease, including the disinfection, closing, or destruction of buildings in which infected persons have lodged or resided, and the restriction of movement of persons into and out of infected areas;

(c)  vaccinations and inoculations

(d)  air and soil pollution

(e)  the collection and publication of epidemiological and other data pertaining to public health;

(f)    occupational diseases and employment health hazards the importation, preparation, and distribution of food or drink intended for human consumption, in so far as it concerns public health;

(g)  the inspection and prevention from contamination of food and drink intended for human consumption;

(h)  the analyzing and testing of samples of such food and drink by an official analyst, the issuing of certificates in relation thereto, and the condemnation, seizure and disposal of such articles as are unfit for human consumption

(i)    the control and destruction of rodents, mosquitoes and other insects, termites, and other vermin;

(j)    prescribing any fees in respect of any examination certificate, license or other matter under this Act;

(k)  prescribing any forms for the purposes of this Act;

(l)    prescribing any other matter or anything which may be, or is required by this Act

to be prescribed by the Minister;

(2) Regulations made under subsection (1) may be made applicable to the entire to the entire Island or to such part thereof as may be specified therein.

This smoking regulation is not an emergency public health issue and so the regulations implemented by the Minister in my views is outside of the intended purpose of the public health act of 1995.

I continue to be appalled at the way things are being done in Jamaica, in particular under this PNP administration and the wimpish attitude of the opposition, civil society and the population at large.

If we continue to sit back and allow for each minister to “interpret” each act governing his ministry and use it as he so pleases even if he thinks its in the public interest, we may soon find ourselves in a position, where our rights are eroded in the name of the “public interest” and without rigorous debate in parliament.

If the smoking regulation had followed the steps outline in taking a bill through the various processes to becoming law, this embarrassing episode could have been avoided

We simply cannot, say the bill is good and to hell with the process to be used to get to that point and I find we have given this government the freedom to do as it pleases and have become a bunch of WIMPS !