By Sue-Ann Wayow
RESTUARANTS, bars, gaming and betting houses, cinemas, private members clubs, theatres, gyms and fitness studios and waterparks are all going to be considered “safe zones” when the next phase of the economy’s re-opening for the vaccinated begin on October 11.
The list of these zones was provided by Attorney General Faris Al-Rawi on Saturday who also announced that new Public Health Regulations will be issued this weekend.
The current regulations expire on midnight on Sunday and the new regulations come into effect from Monday with heavy fines to pay if found in breach, he said.
The AG said these regulations will focus on two main areas, the opening of safe zones from October 11 and the opening of physical school from October 4.
Al-Rawi was speaking at a press conference hosted by Prime Minister Dr Keith Rowley in St Ann’s and said all legal ramifications were considered in the implementation of laws.
Referring to schools, the AG said Government will put into law, the requirement of vaccination for children attending Forms Four, Five and Six and the age equivalent for schools that do not have forms but grades.
In constructing the safe zone law, the onus is on the business owner to ensure that all employees are vaccinated and occupancy will be at 50%.
Al-Rawi said, “For employees to present at work, they are to be vaccinated. There is an exception however, as you must have exceptions in the law. The employees have the benefit of something called medical exemption certificate or a medical deferral certificate.”
He explained that a medical exemption certificate was a document provided by a medical officer from the public health service under the authority of the Chief Medical Officer and not a medical practitioner which certifies that the holder was unable for specified medical reasons to be unvaccinated.
The medical officer can also issue a medical deferral certificate that will state the holder was unable to be vaccinated for a specific period for a number of reasons whether pregnancy or breastfeeding, immunocompromised individuals, persons who received Covid-19 antibodies, meaning persons who recently contracted the virus and any other reason that the CMO may specify.
Should someone be a holder of either certificate, under the new regulations, they would be obliged to undertake a rapid test or a PCR test or any other test that the CMO may approve and must present themselves with those certificates and a negative test every 14 days which will be kept on record, Al-Rawi stated.
Referring to fines and penalties, Al-Rawi said, “If at any point in time, an inspection is carried out by the Government who give people the authority to do that at a safe zone operator, and you find people on the premises who are unvaccinated and in breach of the requirement that we set up, they will be a fixed penalty that will be presented, you can challenge it, that fixed penalty is going to be at $25,000.”
For patrons who are unvaccinated found at such premises, they will have to pay a fixed penalty of $5,000.
For producing any fraudulent documents including a fake safe zone notice that will be required to be displayed on the premises, Al-Rawi said those individuals will commit a summary offence and the sum to be paid will be finalized adding that it will be higher than a fixed penalty notice.
For establishments such as restaurants presently operating with curb-side pick-ups and orders only that do not wish to comply with safe zone policies, they can continue operating but no in-house dining will be allowed, Al-Rawi further explained.
Laws are being challenged
The AG also said the law can be amended where necessary to include the vaccination of persons under the age of 12 which was announced by the Prime Minister.
He said, “It is very important to note that we are under constant litigation.”
Globally, laws regarding safe zones and vaccination requirement have been challenged but “fortunately been upheld,” Al-Rawi said.
“No Court has held these types of laws to be unconstitutional,” he added.
Al-Rawi stated that presently, the country’s public health law was being challenged in the Privy Council.
He said “I want to remind you that this country is facing a direct challenge to the constitutionality of the Public Ordinance itself, that Ordinance that is keeping us alive.”
On November 2 and 3, 11 judges of the Privy Council will also meet to deal with a challenge to the death penalty law, Al-Rawi announced.
He said, “We are very soon going to see a decision in the Privy Council that affects a number of our laws.”
