PUBLIC HEALTH (AMENDMENT) BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

1. This Explanatory and Financial memorandum has been prepared by the Department of Health, Social Services and Public Safety ("the Department") in order to assist the reader of the Public Health (Amendment) Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It does not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

3. The Bill's purpose is to amend section 2A of the Public Health Act (Northern Ireland) 1967. The amendment is required to extend the Department’s regulation making powers under that Act in order to facilitate revision of the Public Health (Ships) Regulations (Northern Ireland) 1971 S.R. 1971 (No.183) and the Public Health (Aircraft) Regulations (Northern Ireland) 1971 S.R. 1971 (No. 182), known collectively as the Ships and Aircraft regulations.

4. Amendments to the Ships and Aircraft regulations are needed to comply with the UK's obligations in relation to the World Health Organisation's International Health Regulations 2005 (IHR), some of which are already in operation. The regulations require amendments to enable ports in Northern Ireland to issue the new, internationally accepted, Ship Sanitation Control Certificates (SSCs).

CONSULTATION

5. Consultation on the Bill in the form of a stakeholder engagement has been taking place since the beginning of 2007. A formal consultation process has produced no concerns or comments.

OPTIONS CONSIDERED

6. There was no other option but to introduce a Bill amending the Public Health Act (Northern Ireland) 1967 as the Department is obliged to bring the Ships and Aircraft regulations into compliance with International Health obligations.

OVERVIEW

7. The Bill contains two clauses, the first of which amends section 2A of the Public Health Act (Northern Ireland) 1967.

COMMENTARY ON CLAUSES

Clause 1 extends the Department’s power to make regulations in relation to the spread of infection or contamination by means of any vessel or aircraft leaving any place, so far as may be necessary or expedient for the purpose of carrying out any treaty, convention, arrangement or engagement with any other country.

Clause 2 sets out the short title of the Bill.

FINANCIAL EFFECTS OF THE BILL

8. No extra expenditure will be necessitated by virtue of this Bill.

HUMAN RIGHTS ISSUES

9. The provisions of the Bill are compatible with the Convention on Human Rights.

EQUALITY IMPACT ASSESSMENT

10. In line with the commitments in its Equality Scheme, the Department has screened the proposals. The screening exercise did not identify any potential for adverse impact on any of the equality categories; the Department has decided therefore that an Equality Impact Assessment is not needed. The Bill is concerned with the power to make regulations and their possible scope. At a later stage, when new or amended regulations are made a further exercise will be undertaken.

LEGISLATIVE COMPETENCE

11. The Minister for Health, Social Services and Public Safety has made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Public Health (Amendment) Bill would be within the legislative competence of the Northern Ireland Assembly."

SECRETARY OF STATE CONSENT

12. A statement is required under section 10(3)(b) of the Northern Ireland Act 1998, on Secretary of State consent:

"The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill."