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Emergency Powers (Disasters) – Resolution of Parliament to Approve Draft Emergency Powers (Disasters) (Covid-19) Order – Section 3(1)

(Statutory Instrument 41/2020)

Statutory Instrument 41/2020 .. in force 30 September 2020

EMERGENCY POWERS (DISASTERS) – RESOLUTION OF PARLIAMENT TO APPROVE DRAFT EMERGENCY POWERS (DISASTERS) (COVID-19) ORDER – SECTION 3(1)

Commencement [30 September 2020]

WHEREAS under section 3(1) of the Emergency Powers (Disasters) Act “the Act”, it is provided that the Minister responsible for disaster preparedness and prevention may, where the Governor General declares that a state of emergency exists for the purposes of Chapter 1 of the Constitution of Saint Lucia and so long as the proclamation is in force, make orders securing the essentials of life to the community and for the preservation of the health, welfare and safety of the public;

AND WHEREAS it is further provided under section 3(2) of the Act that orders made under section 3 of the Act may without prejudice to the generality of the power conferred, provide —

(a) for the requisitioning of all forms of transport and communications;

(b) for requisitioning and regulating the supply and distribution of food, clothing, water, fuel, light and other necessities of life and for fixing maximum wholesale and retail prices in respect thereof;

(d) for conferring on any person the right of entry on or passage through or over a private lands, buildings or premises;

(e) for the demolition of any building or other structure deemed to be dangerous; or

(f) for the disposal of the dead and for dispensing with inquiries under the Coroner's Act and from the provisions of the Civil Code of Saint Lucia in relation to records of births and burials;

AND WHEREAS it is further provided under section 3(3) of the Act that orders made under section 3 shall be laid before the House of Assembly and the Senate as soon as may be after they are made and shall be subject to the affirmative resolution of the Senate and House of Assembly;

AND WHEREAS the Governor General, by proclamation declared a state of emergency that was published in the Gazette on the 23^rd day of March, 2020 as Statutory Instrument No. 39 of 2020 containing a declaration that a public emergency has arisen as a result of the occurrence of 2019-n CoV, an infectious disease commonly known as COVID-19;

AND WHEREAS the Minister responsible for preparedness and prevention seeks approval of the draft Emergency Powers (Disasters) (COVID-19) Order by an affirmative resolution of Parliament to reduce the spread of COVID-19 that provides for —

(a) the declaration of a quarantine facility to isolate persons with COVID-19;

(b) the detention of persons with COVID-19;

(d) the isolation of persons suspected to be infected with COVID-19;

(e) the screening requirements for persons with COVID-19;

(f) the requisition of a building, ship, aircraft or article;

(g) the requisition of an essential service;

(h) the waiver of procurement rules;

(i) the reporting requirements;

(j) the revocation or suspension of permits for use of public open spaces;

(k) the prohibition of assembly of persons;

(l) the imposition of social distancing or isolation;

(m) the imposition of a curfew;

(n) the restriction of access to an area;

(o) the power to stop, detain and arrest a person;

(p) the prohibition of the publication of false statements; and

(q) the authorization for international or regional forces;

BE IT RESOLVED that Parliament approves the draft Emergency Powers (Disasters) (COVID-19) Order by an affirmative resolution of Parliament to reduce the spread of COVID-19 to provide for —