Part 2 of the Civil Contingencies Act and Swine Flu

After a lengthy delay, I finally received a response to my question posed in April about the CCA as to:

- Whether, as part of the planning for a declaration by the World Health Organization that this is a flu pandemic, the Government is considering activating Part 2 of the CCA

- if the CCA does form part of the strategy to deal with the pandemic (if declared), at what level of infection in the UK is the Government intending to enforce this Act?

As you can tell from the question, this was posed some time ago, as the outbreak has now been confirmed as a pandemic.

Gillian Merron, Minister of State in the Department of Health, who responded to the enquiry stated that the DoH, Health Protection Agency and Cabinet Office are working together to ascertain at what level of infection Government intervention would be necessary and when and how to bring forward legislation to manage public resources, adding Part 2 of the CCA is one option for delivering some of the measures under consideration.

Gillian further comments on the 'triple lock' mechanism which would need to be met before Part 2 of the Act was brought in to force. These test being:

- an emergency that threatens serious damage to human welfare, the environment or security has occurred, is occurring or is about to occur

- it is necessary to make provision urgently in order to resolve the emergency

- the emergency regulations are proportionate

Whether or not Swine Flu reaches the stage whereby Emergency Powers under the CCA is invoked or not, is something of a sideline. The real concern, is that an outbreak of Flu is deemed by the Government as a potential trigger for the Act to come in to force, which demonstrates, the way in which legislation introduced in a climate of 'fear' becomes a dangerous tool in the hands of politicians.

The 2004 revision of the CCA Scope of emergency regulations provide draconian powers to the State; the General Public have no safeguards or rights when the Act is enforced.

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Swine Flu pandemic and the Civil Contingencies Act

Image by Getty Images via Daylife

We are hearing much about a potential Flu Pandemic, but nothing about the ramifications of this to the UK. I am not looking here at health concerns specifically, but at the potential to enforce the civil contingencies act.

The DoH statement made by Alan Johnson on 27th April refers to meetings with opposition shadows.

This always raises the question of the truth behind the bland statement and the potential ramifications, in addition to meeting with the civil contingencies committee.

On turning to the Cabinet Office pages there is a specific section regarding the flu scare.

This document finishes with:

'....However well developed, plans are unlikely to be successful without the active support of individuals and communities. Therefore, a key part of the response will be to encourage the public to follow government advice and adopt basic hygiene measures to manage or reduce their own risk of catching or spreading the virus. Ensuring that all of us are fully aware of the necessary precautionary and response measures, are prepared to cooperate actively with them and accept responsibility for helping themselves and others must therefore be an integral part of our overall preparedness strategy.....' (My bold)

As someone who is a little cynical and bearing in mind that opposition shadows have already been met, I doubt very much the meeting Alan Johnson had with the Secretariat, was to discuss the current DoH guidelines, on washing your hands and throwing away tissues.

I am trying to ascertain as to whether as part of the planning for a declaration by the WHO that this is a Flu Pandemic, the Government are considering activating the Civil Contingencies Act plus attached sections, which since the 2004 revisions provide for considerable powers to Police and Military on a region by region basis.

As the Labour party are always looking to deprive civil liberties and need a big story to cover up their failings, I would not be at all surprised were the plans not to include triggering the Act.

If a Flu pandemic is declared by the WHO on a Global basis, whilst there may be a global pandemic, that of and by itself, does not mean that the UK is hit hard by the Flu.

If the CCA does form part of the strategy to deal with the pandemic, at what level of infection in the UK are the Government intending to enforce this Act?

I have sent off the questions and am waiting for responses.

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