Coronavirus: UK government planning emergency pandemic legislation in response to threat

MLAs on the Assembly’s Education Committee were yesterday due to receive a closed briefing – from which the media was to be excluded – on the legislation, which is entitled the Pandemic Influenza (Emergency) Bill.

However, that briefing by civil servants from Stormont’s Department of Education was cancelled at short notice.

The News Letter asked the department for a copy of the legislation or even the key provisions which it will contain.

However, the department said it would not release even general information about the bill because it is “UK government draft legislation” which originates in Whitehall and about which the devolved administration is being consulted.

It said that the legislation had originated with Whitehall’s Department of Health. At the time of going to press, that department had not responded to a request for comment on what the bill involves.

Stormont’s Department of Health similarly did not respond to a request to clarify the nature of the legislation.

And the Public Health Agency said that it was also unable to comment on the issue.

There is no record of the bill on the websites of the House of Commons or any of the departments involved.

The News Letter understands that the legislation is a broader UK-wide emergency bill to give public authorities enhanced powers to deal with a pandemic and that bill will include provisions to allow for school closures.

However, the method and scale of such measures remains unclear.

Seven years ago Stormont’s Department of Health published a 65-page ‘Health and Social Care Influenza Pandemic Preparedness and Response Guidance’ document.

It set out that although there may be “localised [school] closures in specific circumstances”, civil servants then believed “it is unlikely that widespread school closures will be required except in a very high impact pandemic.

“The benefit of school closure would be undermined if children mix socially outside of the school environment. In addition, the impact on other organisations caused by absence of parents from key occupations, due to child care needs may also be detrimental.

“In a pandemic normal business will continue for as long and as far as possible and therefore the working assumption is that schools will remain open. However, specific business continuity reasons (staff shortages) may lead to individual or school closures in a particular area.”

That document – based on existing legislation in 2013 rather than the law now being considered by the government – said that “decisions to advise closures will require very careful consideration in planning and the responsibility for the decision would need to be documented.

“School principals and their boards of governors will take the ultimate decision to close individual schools temporarily.”