New legislation to bring into force on the Island as necessary the provision of the World Health Organisation International Health Regulations 2005.

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A decision made (15/02/2008) regarding: New legislation to bring into force on the Island as necessary the provision of the World Health Organisation International Health Regulations 2005.

Decision Reference: MD-HSSD-2008-0013
Decision Summary Title :	New Legislation – Health Implementation (Jersey) Law 200-		Date of Decision Summary:	13 February 2008
Decision Summary Author:	Stephen D Smith		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	New Legislation – Health Implementation (Jersey) Law 200-		Date of Written Report:	13 February 2008
Written Report Author:	Stephen D Smith		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: New legislation to bring into force on the Island as necessary the provisions of the World Health Organisation International Health Regulations 2005.
Decision(s): (i) The Minister has approved the draft new legislation to bring into force on the island as necessary the provisions of the World Health Organisation International Health Regulations 2005. (ii) That the draft law be lodged “au Greffe”.
Reason(s) for Decision: It is incumbent on the island to bring into force powers to "prevent, protect against, control and provide a public health response to the international spread of disease and which avoid unnecessary interference with international traffic and trade."
Resource Implications: There are no immediate resource implications to bring the law into effect.
Action required: Request the Greffier of the States to lodge “au Greffe” the draft legislation.
Signature: Senator Ben Shenton		Position: Minister for Health and Social Services
Date Signed: 15 February 2008		Date of Decision (If different from Date Signed):

New legislation to bring into force on the Island as necessary the provision of the World Health Organisation International Health Regulations 2005.

States of Jersey

Health and Social Services DEPARTMENT

PUBLIC HEALTH SERVICES

Report from the Head of Health Protection Services

to the Minister for Health and Social Services

TITLE: New Legislation – Health Implementation (Jersey) Law 200-

Background

In 2005 the World Health Organisation re-issued substantially changed International Health Regulations IHR(2005). The regulations are scheduled to enter into force in June 2007. Jersey has concurred with the view that the regulations are applicable to the Island to the extent that domestic implementation measures fall within the scope of the UK’s international obligations.
The United Kingdom government has indicated that because they need to change primary legislation, they will not be able to make all the changes required by June 2007, but are working to do so by June 2008. Similarly, in accordance with article 59.3 of the IHR (2005), Jersey has informed the UK that we are working to introduce the necessary changes by 15 June 2008.

Issues

The purpose and scope of the IHR(2005) are to "prevent, protect against, control and provide a public health response to the international spread of disease and which avoid unnecessary interference with international traffic and trade." Accordingly the requirement to implement the regulations falls within the remit of Health and Social Services department.
States Parties to the IHR(2005) are required to develop, strengthen and maintain core surveillance and response capacities to detect, assess, notify and report public health events to WHO and respond to public health risks and public health emergencies. State Parties must notify all events that may constitute a public health emergency of international concern (PHEIC). States are also obliged to report evidence of public health risks outside their territory that may cause international disease spread. Notifications and reports are now communicated to WHO through the National IHR Focal Point. The focal point for Jersey and other crown or dependent territories will be through the UK Government representatives at the Health Protection Agency.

The specific legislative provisions that may be required or permitted by the IHR 2005 will be given effect by Regulations or Orders to be made subject to the provisions of a principal enabling Law. The draft principal Law giving effect to the regulations has now been completed and is enclosed. The main regulations under the law are to be drafted shortly by the Law Draftsman within this years law drafting time

Financial Implications

The financial implications for the law are still being considered by the working group but at this point in time it is expected that it is likely to be limited as there is no requirement for significant resources, either capital or manpower to achieve compliance. Health facilities as they exist at present are expected to be sufficient for the purposes of the new law.

Recommendation

(i) The Minister approves the draft new legislation to bring into force on the island as necessary the provisions of the World Health Organisation International Health Regulations 2005.

(ii) The Minister refers the draft law to the Greffier of the States for lodging with the States.

Stephen D Smith

Head of Health Protection Services

13 February 2008