Jersey's government urged to strengthen human rights checks of emergency legislation

Channel
Jersey
Tuesday 28 April 2020 at 4:21pm

Human rights professionals are urging Jersey's government not to rush through emergency legislation to deal with Covid-19, to avoid potential breaches of human rights law.

In a crisis, emergency legislation is crucial for keeping the population safe.

But a Jersey human rights lawyers says in some cases, it can have just the opposite effect, leaving the vulnerable with even less protection than before.

Human Rights lawyer, Professor Claire de Than. Credit: ITV Channel TV

Professor Claire de Than says she is worried about the speed with which emergency legislation is being rushed through:

Jersey has international obligations as well as the obligations to its citizens, it also has an international spotlight on it when it comes to human rights, at least once a year [with annual human rights reports]. And that means that we need to be careful, even when working at speed, that we don't panic into stepping away from fundamental right guarantees, and the most vulnerable people in society can't stand up for their own rights. My main concern isn't that there is any kind of plan to depart from human rights standards, or to violate human rights, it's not that at all. It is that when well meaning people act at great speed they don't see the big picture and they don't realise that the context of human rights law, even here in Jersey, is extremely complex. And that if you pull out one card from the house of cards, the whole thing can end up as a violation. We've had so many pieces of emergency legislation in the last few months, that no one has time to look at the whole thing

In the last few weeks, Jersey's States have passed or amended a number of laws to take account of Covid-19.

They have relaxed rules on admission, detention and treatment of patients under the mental health law
They have paved the way for unqualified carers to provide care, to adults and children, without being police checked- to manage staff shortages
They have relaxed the requirement for annual inspections of care and children's homes

The changes are of great concern to charities who work to safeguard children in care.

Carly Glover heads up Jersey Cares and says she is worried the changes are jeopardising the progress that has been made when it comes to looking after children in care.

Mrs Glover says it is a weakening of safeguards when professionals insist they should in fact be strengthened.

Deborah McMillan, Jersey's Children's Commissioner. Credit: ITV Channel TV

Deborah McMillan, Jersey's Children's Commissioner echoes the concerns, and is worried about the speed at which legislation is being turned around.

States members rely on scrutiny to flag any issues when big decisions like these are being made. But scrutiny panels too, have felt too short on time, sometimes having to review laws in just 24 hours.

Senator Kristina Moore, President of the Scrutiny Liaison Committee, says they are bringing a proposal to the States to ensure minimum periods are brought in to allow for sufficient scrutiny moving forward:

All Covid-19 emergency legislation is temporary, and only applies until 30 September, unless extended.

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