Human rights concerns, but tough new powers supported
THE most draconian powers ever proposed during peacetime have been approved, despite fears that a power grab could breach basic human rights and lead to a ‘big brother’ state.
In a historic virtual States meeting, 11 sets of legislation were passed overwhelmingly by deputies, giving extraordinary authority to the police and Director of Public Health.
Deputy Jennifer Merrett voted in favour of the measures, but said she did so with a ‘heavy heart’ and she wanted assurances that strict time limits would be adhered to.
‘As we know many signatories to the European Court of Human Rights have imposed restrictions, some considerably stricter than these regulations for public health reasons, but it does not mean that we have to, and I am very uncomfortable with these measures should they need to be enforced.
‘I urge community compliance, I urge all of us to comply with the directives from the Director of Public Health and from the Civil Contingencies Authority, I urge us all to look after each other and try our uppermost to come together as a community.’
Under the new legislation, police are able to detain people suspected of having Covid-19 and they could be fined £2,000 if they refuse a test.
Public gatherings are also banned, and anyone who organises large parties or barbecues could face a fine of up to £10,000.
The only exceptions are if the gathering is members of the same household, when gatherings are essential for work purposes, or if it is a funeral which can be attended by immediate family.
The laws also apply to parents who fail, without reasonable excuse, to ensure their under-18’s compliance.
Police are allowed to use ‘reasonable force’ if they suspect anyone is not following the rules.
Deputy Laurie Queripel wanted to know what exactly was meant by ‘reasonable force’ and whether it included Tasers.
He also had a question about what was meant in the regulations by ‘suitable establishments’ in which people could be detained.
‘There are some very strict, to put it mildly, almost draconian measures laid out in this statutory instrument and I do hope that they can be dis-applied or revoked as soon as practically and safely as possible.
‘I don’t know if these suitable establishments have been identified yet, or if there is a plan to set them up.
‘And I’d just like to know if when unfortunately someone has to be placed in a suitable establishment, are their rights and needs recognised and met?’
The chairman of the Civil Contingencies Authority, Deputy Gavin St Pier, attempted to soothe concerns and said that a ‘suitable establishment’ could be a room at the ports.
He promised that strict time limits would be abided by, and basic human rights would not become a casualty.
‘The need for the rights and needs of the individual to be protected was a question that the authority did consider and did obtain confirmation from the Law Officers before it made the regulations, and of course the rights of individuals remain fully protected as they would if they were detained for any other reason.’
