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Health and Social Care Bill

Amendments Nos. 38, 40 and 41 strengthen the safeguards available for those subject to orders by justices of the peace by placing additional maximum time limits on detention, isolation or quarantine. Amendment No. 38 provides for an automatic review every 28 days where an individual is quarantined, isolated or detained under regulations made using section 45C of the Public Health (Control of Disease) Act 1984. Amendments Nos. 40 and 41 provide for the period of any extension of a measure for detention, isolation or quarantine imposed under an order not to exceed 28 days. There were concerns in the other place that the wording of the legislation could lead to disposal of dead bodies in a less than respectful manner. Amendments Nos. 37 and 39 clarify that where disposal of an infected or contaminated dead body is required, it is by way of cremation or burial. It was also felt that clarification was needed as regards who should be notified when an application for a justice of the peace order is made regarding a dead body. Amendments Nos. 42 and 43 deal with that issue. Amendment No. 47 ensures that regulations made using the emergency procedure in new section 45R are not subject to the process for making hybrid regulations. That is because the hybrid instrument procedure is a rather lengthy process and would not be appropriate where there is an imminent public health threat. Finally, amendments Nos. 44, 45 and 46 ensure that the first draft of the regulations under sections 45N and 45L(4), which provide for the making of additional provisions in relation to a justice of the peace's order, are subject to the affirmative procedure.