The Tribune

By KHRISNA RUSSELL

Tribune Chief Reporter

krussell@tribunemedia.net

ATTORNEY General Carl Bethel says his office is close to completing a post-Emergency Orders Bill that will replace current COVID-19 restrictions.

He said the Bill will create an advisory committee to suggest protocols that fall in line with the constitution and suggested the move will ensure society returns to normal following the expiration of the COVID-19 restrictions.

Speaking in the Senate yesterday, Senator Bethel said such a bill was difficult to draft, but when complete will meet the “constitutional standard”.

He did not give a timeline of when the legislation will be finished.

“On the issue of the emergency orders, the government is and my drafts person has been working very hard on crafting a bill that will fill the void, if you will, between the Health Services Bill and the need for this constitutional order,” said Mr Bethel. “The idea is that the Bill, and we are in the very final stages of it, is going to be carefully crafted.

“Anything that is done must be reasonably justifiable, which is the constitutional standard for ordinary everyday conduct legislation, government actions, etcetera.

“So, everything is being based and premised on the phrase that it is ‘reasonably justifiable’ in the circumstance so we are very very close to having a post-Emergency Orders Bill and that will allow the Prime Minister to have an advisory committee (with) opposition members, government members, medical professionals on it, to advise the minister so that in a sense the political directorate on both sides would have a say at the advisory committee level and of course there would be parliamentary oversight.

“So, we’re trying to craft a house firmly under the jurisdiction of normality that is guided by ordinary constitutional principles of being reasonably justifiable and that has input on all sides at every stage.

“That should be forthcoming. As soon as it is completed of course it goes to Cabinet. Cabinet will have to approve it, but we’re trying to come up with a new framework.”

He added: “Nobody, nobody wants the continuation ad infinitum of emergency orders, but it is a difficult work of drafting because we’re trying to create something that is going to be effective, serviceable, efficient and most importantly responsive.

“Now with regard to responses to threats as in when they occur and also responsive to civil society and its legitimate concerns, it’s to strike a balance and I can tell you that a lot of work and thought is going into it.”

Ahead of Mr Bethel’s remarks, Senator Fred Mitchell raised concern about penalties incurred under Emergency Powers Orders.

He said: “My pet peeve is of course the application of the laws connected with the pandemic rules that we are now under and the harshness with which this has come against people who can hardly afford given the situation in which they find themselves.

“The most obvious case was the case of the fella who got fined $750 for selling coconuts and again the Parliament, people in the Parliament have raised these issues, but it appears as if the justice system is incentive to it.

“To the point where from a political point of view where we are now saying, and I think it also came from the other side where perhaps something has to be done to absolve ex post facto those people who found themselves getting criminal records as a result of the rules under this pandemic so that remains a concern.

“I say again the courts must be primarily concerned with justice and if there is no justice then there will be a lack of confidence in the courts and there will be no peace.”

In response, Mr Bethel said he believed the issue was “ameliorated somewhat”.

However, he said there was a question to be answered of what can be done.

“On this question of penalties, I believe that with the ticketing offences that it has been ameliorated somewhat, but it is a question to be determined at some point what will happen in terms of the earlier days in terms of persons who would have been charged. So, we will get back on that issue as well.

“Perhaps I think we can look at it in terms of the overall and when we can get this bill ready and we are very close, we can look at an overall resolution that will bring closure to a number of these issues.”

The current state of emergency and Emergency Powers Order will expire at the end of May.