On March 26th 2020 Barbados reported that it had 24 coronavirus cases, up from the last official figure of 17. This precipitated the Barbados Parliament to convene on March 27th, 2020 to amend the Emergency Management Act, Cap 160A of the laws of Barbados. This Act gives the Government power to declare emergencies in certain circumstances and to establish a structure for their management.
As one would imagine the existing legislation focused on the potential emergencies known to Barbados such as hurricanes, floods and other meteorological hazards. The amendment to the Act therefore contemplates the declaration and management of public health emergencies in order to address the issues arising from this coronavirus.
Section 2 is amended to change the definition of “emergency” to include a public health emergency declared under section 28A(1) of the Act. Section 28A being a new section which was inserted as we shall discuss further below. New definitions are also inserted at section 2 to accommodate (i) communicable diseases (ii) notifiable diseases (iii) public health emergencies.
The newly inserted Section 28A gives the Governor-General the power to declare a public emergency for one month and no longer than six months as may be determined by the House of Assembly although it can be extended as warranted. When a proclamation of a public health emergency is in force, it becomes lawful for the Cabinet to make any orders whatsoever it considers desirable in the public interest.
When such a proclamation is made the Chief Medical Officer becomes responsible for emergency management as opposed to the Director of Emergency Management as is the case with respect to other emergencies.
Orders can also be made pursuant to the Emergency Powers Act, Cap. 161; section 6 and 7 of the Quarantine Act, Cap. 53; section 3 of the Miscellaneous Controls Act , Cap. 329; and regulation 11, 12, 13, 14, 15 of the Heath Services (Communicable and Notifiable Diseases) Regulations, 1969 (S.I. 1969 No. 179).
This amendment to the legislation was debated and passed in one day. While Barbados wishes to do all necessary to ensure that residents are protected from COVID-19 whenever freedoms are to be circumscribed it merits wide public debate. There was virtually none in this case.
Eastmond & Co. 