« Previous | Contents | Next »
Listen
CHAPTER 11: TASKS, OFFENCES AND PENALTIES
INTRODUCTION
11.1 Earlier chapters have described a number of different tasks and offences which could be included in legislation. This chapter reviews these tasks and offences and proposes a separation into two groups, some of which might attract penalties.
ISSUES FOR CONSIDERATION
Distinction between tasks and offences
11.2 List A includes tasks to be undertaken by NHS and local authority staff and therefore completion of such tasks will be subject to the current health and local government management frameworks and governance structures. Some tasks such as food safety procedures and practice are also subject to third party auditing arrangements. It is proposed, therefore, subject to views received in the consultation, to continue the present arrangements for ensuring compliance with any tasks in List A.
LIST A
1. Completion of a joint health protection plan ( Chapter 3)
2. Submitting within the time limit for making a notification ( Chapter 4)
3. Notifying listed clinical conditions and diseases ( Chapter 4)
4. Informing people that they have a notifiable disease/state or condition ( Chapter 4)
5. Compulsory medical examinations ( Chapter 3)
11.3 List B includes examples of the external tasks, where non-compliance could be regarded as committing an offence. An offence in legal terms means that conduct may be the subject of criminal proceedings and may result in a conviction and penalty. The rationale for the split is that these tasks require input from agencies and individuals outside the strict control of health protection organisations and therefore more persuasion may be required to ensure that these tasks are prioritised and completed effectively on time.
LIST B
1. Providing all necessary health information during a public health incident and/or outbreak ( Chapter 5)
2. Accepting a quarantine order ( Chapter 6)
3. Accepting an exclusion order ( Chapter 6)
4. Remaining within a detention order ( Chapter 6)
5. Complying with any part of a new infectious disease and reportable hazard order ( Chapter 4)
6. Complying with an environmental concern prohibition order/abatement notice ( Chapter 7)
Penalties
11.4 The tasks in List B involve parties external to LAs and NHS boards, and compliance will be essential to reduce the spread of disease and promote health protection during disease outbreaks and public health incidents. The risk of adverse health effects if compliance is not achieved is, therefore, high. This suggests that non-compliance should incur a penalty.
11.5 At times, the penalties will need to be placed on individuals, while others require compliance by organisations. For example, the Health and Safety at Work Act 1974 allows penalties to be imposed on companies and organisations as well as individuals.
11.6 The Health and Safety Commission ( HSC) has five principles for enforcement ( http://www.hse.gov.uk/pubns/hsc15.pdf ) These are:
- proportionality
- targeting
- consistency
- transparency
- accountability.
11.7 Non-compliance with the 1974 Act ( http://www.hse.gov.uk/enforce/index.htm ) thus attracts a range of sanctions, ranging from monetary penalties to imprisonment. Proportionality will clearly be important in responding to apparent breaches of public health legislation. But there will be circumstances, especially in the context of List B, where failure by individuals to respond to the conditions of, for example, detention or quarantine could have serious repercussions for the wider population. In such cases, a penalty, such as a fine or indeed if necessary, imprisonment, may be appropriate. It would be helpful to have views on this issue.
Question 9
Tasks and Offences Options
Views are invited on:
9.1 whether the proposed statutory split between governance and penalties is satisfactory, or whether an alternative approach might be preferable
9.2 whether penalties should only be applied to the non-completion of tasks in List B
9.3 whether legislation should include penalties for non-compliance with tasks
9.4 if so, whether List A infringements might be addressed through the health governance framework, with List B breaches liable to attract either a monetary penalty or, in serious cases, a term of imprisonment
9.5 whether legislation should include provision for any other enforcement measure, such as:
a) electronic tagging
b) video monitoring
c) public health monitoring.
« Previous | Contents | Next »