KUALA LUMPUR (Dec 20): The Ministry of Health’s (MoH) decision to delay the amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) marks a new way forward in engagement and consultation in the development of health policies, said a public policy research and advocacy organisation.
Health Minister Khairy Jamaluddin on Monday (Dec 20) said the tabling of the Act 342 amendments would be deferred to the next parliamentary sitting in 2022 amid backlash from the public and opposition over the heavier penalties proposed for violations of Covid-19 standard operating procedures (SOPs) — the second time it was postponed.
It was proposed that individuals found flouting SOPs would be fined up to RM100,000 or jailed for seven years, while corporate bodies are liable for a RM1 million fine. The punishments were halved from the amounts initially mooted.
At present, the Act empowers the authorities to impose a maximum fine of RM1,000 against individuals and corporates found in breach of the rules.
“Act 342 does need updating. The legislation is 32 years old. There are penalties which are inadequate and need to be revised. New powers to address issues such as digital technology and home quarantine. New checks and balances to be put into place to protect against excessive enforcement and violations of human rights and dignity," said Galen Centre for Health and Social Policy’s chief executive officer Azrul Mohd Khalib in a statement.
Azrul noted that Act 342 must keep up with ongoing developments regarding infectious diseases, and allow for better and more effective public and private sector compliance and enforcement, particularly during public health emergencies such as the Covid-19 crisis.
"The past 18 months have taught us a lot about managing an incredibly infectious disease such as Covid-19. There have been many highs especially with the number of people who have recovered from infection, who have completed their vaccinations and whose lives have been saved due to timely and appropriate treatment provided by healthcare professionals working tirelessly since the beginning of the pandemic. But at the same time, fatigue and perception of double standards have begun to erode public trust and confidence.
"The use of the law to criminalise certain behaviour or actions such as not wearing face masks, organising events where physical distancing is difficult to implement, or activities in night clubs or pubs, should be considered carefully. It would be unfair and unjust if such laws were to end up victimising and unfairly punishing people and business for actions which would otherwise be considered normal,” he stressed.
Hence, he also emphasised that gaining the trust of the public and getting their support for the amendments to Act 342 are of paramount importance.
“We need the Ministry of Health to succeed. Effective implementation of the provisions under the law depend on people's understanding, cooperation and goodwill. We have seen examples from other countries when all three are lost. Look at what is happening right now in the UK.
"Like many other countries, the Omicron variant of the SARS-CoV-2, of which we are already starting to see cases, is at Malaysia's doorstep. We have to prepare ourselves. Deferring the proposed amendments today and with the promise of increased transparency and consultation, will ensure that the Ministry of Health is equipped with the necessary tools, mandate and support, when the bill is tabled in the near future. To quote Health Minister Khairy recently, the Ministry of Health must be able to do its work without one hand tied behind its back,” said Azrul.
“Therefore, we look forward to working with the Health Minister, Ministry of Health, Parliamentary Select Committee on Health, Science and Innovation, and other stakeholders in the health sector, to ensure that Act 342 is fit-for-purpose and robust in ensuring that the country is prepared and resilient in future disease outbreaks. We need to not only be prepared for new Covid-19 variants, but also other novel pathogens,” he added.