This item was published during the term of a previous administration that ended in April 2007
Listen
Consultation starts on Public Health Bill
26/10/2006
Proposals to modernise public health legislation that dates back to the 19th Century have today been published for consultation.
The majority of proposed changes aim to more clearly set out the roles and responsibilities for health protection, mainly between local authorities and NHS Boards, which have become blurred over the years.
Also being considered is a new statutory notification and reporting system to make sure that diseases and conditions are treated with the appropriate urgency.
There are also proposals to strengthen the statutory powers to obtain information and to quarantine or exclude people in significant public health incidents or outbreaks. This would be balanced with safeguards to ensure that the powers are not used inappropriately.
Dr Harry Burns, Chief Medical Officer, said:
"In an age of globalisation of travel and trade and the emergence of new strains of infection and contamination, it is an amazing tribute to the foresight and perception of our Victorian ancestors that the legislation governing how we handle these issues is still predicated by the Public Health Act of 1897.
"Whilst it has served us very well, there is increasing evidence that it is no longer suited to the challenges we face in the 21st century.
"The threat of pandemic flu and bio-terrorism, with the deliberate release of chemical, biological, radiological or nuclear agents into our environment has also underlined the need for better and more modern legislation.
"The key issue is the clarification of roles and responsibilities for health protection, mainly between local authorities and NHS Boards. Our preparedness for outbreaks of disease or epidemics relies on clear and transparent roles and accountabilities."
Andy Kerr, Minster for Health and Community Care, said:
"The protection of public health is a key component in the Scottish Executive's drive to improve the health of the people of Scotland. I believe it is now timely to review the statutory powers in the public health field to ensure they are fit for purpose to respond to current and foreseeable challenges and to meet our international obligations.
"I hope everyone with an interest in public health will tell us their views on the proposed changes and make full use of the chance to make a difference in this increasingly important field."
The proposals are the culmination of several years of work that has included significant input from stakeholders across the public health field.
Tom Bell, Chief Executive, The Royal Environmental Health Institute of Scotland, said:
"This is an important move in updating existing legislation and ensuring local authorities and health boards are fully equipped to deal with any public health issues. By clarifying roles and responsibilities of all parties involved it will help to safeguard the health of the population."
Tim Brett, Director, Health Protection Scotland, said:
"The proposed changes to the legislation would give us powers to exclude someone who has a serious infection or who has been in close contact with them. This may include asking them to stay away from work or school.
"I am sure the vast majority of people would accept any such requirement but where there is dispute, the new legislation would give the power to quarantine individuals. This is not something we can do at present but such an action may be necessary, for example, during a flu pandemic.
"This is a case of balancing the rights of an individual against the needs of the public and the protection of their health."
Background
The CMO carried out a Review of Public Health Function in Scotland in 2001. The current proposals are based upon his findings.
The consultation period will run until January 12, 2007.
The finalised proposals will be incorporated into a draft Public Health Bill that will be considered by the new administration following May's Parliamentary Elections.
The Public Health Consultation is one of four consultations currently planned this session on potential Bills which are not included in the current Parliamentary timetable or legislative programme. The intention to consult on potential Children's Services, Scottish Judiciary and Culture Bills was intimated to Parliament earlier this year. For further information please see the following links: http://www.scotland.gov.uk/News/News-Extras/legprogupdate, http://www.scotland.gov.uk/Publications/2006/01/18091052/9
The full consultation document can be found at http://www.scotland.gov.uk/Publications/2006/10/23100052/0