Author

Philip Syvret

Partner

Corona Virus and the Jersey Law

Author

Philip Syvret

Partner

Corona Virus and the Jersey Law

When the Corona Virus struck in China the authorities took drastic steps to lock down whole cities and restrict the movement of millions of its citizens. The power to do that seemed shocking to those of us who live in Western democracies, used to travelling freely whenever and wherever we want. Could the government in Jersey do the same thing if it wanted to?

The passing of a Law this week which comes immediately into force has not received any fanfare but gives an interesting insight into the powers that the government has.

The Notifiable Diseases (Amendment No. 2) (Jersey) Order 2020 was passed on 6th March 2020 and came into force the following day. The law added the virus Covid-19 to the list of notifiable diseases. The principle of a notifiable disease was established in the Public Health Law which was passed in 1934, almost a century ago.

The “Loi (1934) sur la Santé Publique” Publique”

requires a doctor who has treated a patient with an identified contagious disease to notify the Health Minister. As if to show how out of date the Law is, it records that any doctor making such a notification is entitled to a payment of twenty-five pence!

The Law goes on to give the Minister for Health drastic powers in the case of an epidemic or imminent epidemic. He is entitled to take “all special and necessary measures to combat the disease.” A Medical Inspector appointed by the Minister has the power to order isolation of an individual and if that isolation cannot be undertaken at their home, to remove the individual to a place of the Inspector’s choosing designated for that isolation to continue. The Inspector can shut down a house or block of flats. People refusing to move would be liable to fines. Furniture, clothing and bedding which an infected person has made use of can be ordered to removed for disinfection or destruction. Pets can be ordered to be put down.

A person with a notifiable disease is prevented by the Law from making use of a public vehicle on a roadway or other public place. Taxi drivers are prevented from carrying passengers who they know to be infected with a penalty of the loss of their licence for a year.

Any person who takes a child to school knowing that the child carries the infection would be liable to a fine.

The Law, written in the original French, seems a little outdated to modern eyes. It only provides for limited appeals against the decisions of the Minister or his Inspector. To lawyers and the public, versed in the human rights language of the 21st Century, the prospect of a single Minister having total power to forcibly remove an individual from his home and refer him to be confined in isolation without immediate right of appeal seems as archaic is it does draconian.

That said, alongside all rights, including a right to liberty and freedom of movement, come duties. In the present outbreak, those duties are for all of us to guard as best we can against the spread of infection by washing hands, avoiding contact and following the sensible guidelines that the Government has issued. You have been warned however - if you don’t observe your duties the Health Minister has substantial powers to infringe what you might consider to be your rights!

Contact us.

© Benest & Syvret 2020 Privacy Policy

We Care About Your Privacy

The following website has been provided for information pertaining to Benest & Syvret and their services. The below information sets out how Benest & Syvret uses and protects the data collected via our website. When using this site, you are legally bound to the following privacy policy, so please read carefully. Privacy protection is something that Benest & Syvret are fully committed towards.

The Information We Collect

Many of our services may require the supply of personal information. When contacting us, we may ask for details such as your name, email address and telephone number. If you choose to register for our newsletter, we will require personal information including your name and email address.

What We Do With The Information

All of the information collected from the website is solely used for the purposes outlined in this document. We do not divulge any information to anyone outside of Benest & Syvret without prior consent from the website visitor – unless it is necessary to provide a requested service.

How We Make Your Information Secure

iPOP take every necessary step to ensure that your personal information is secure. We follow strict policies and follow best practice standards of security when collecting personal information. The website uses HTTPS (This is an adaptation of the Hypertext Transfer Protocol (HTTP) for secure communication over a computer network) to help protect against your personal information being stolen, destroyed or divulged to third parties. Your personal details are stored at our restricted offices which have no unauthorised access.

What We Collect

Through the use of contact forms, call back requests and newsletter sign-ups, we may collect, but are not limited to, the following information:

What We Do With The Information We Collect

We try our best to understand your needs and provide you a high level of service. We may use the information collected for the following reasons: Internal record keeping Improve our products using your email addresses, we will from time to time send you promotional emails with things that may be of interest to you, such as news, offers and industry related articles to customise the website according to your interests

How We Use Cookies

Cookies are files which can be placed onto your computer’s hard drive, with your prior consent. There are numerous benefits to having cookies placed on your hard drive. If you have accepted, cookies are used to identify when you visit a particular site, as well as analyse web traffic. Cookies also facilitate a more personal web experience, allowing web applications to gather information about your preferences, and respond to you as an individual.

Please visit: http://www.aboutcookies.org for more information on cookies.

At Benest & Syvret, traffic log cookies are used to identify the pages that are being used. From the data provided by these cookies, we can analyse the traffic to our website and tailor it to our customer’s needs. This information is only used for the purpose of statistical analysis and the betterment of your user experience. You can choose whether to accept cookies, or not. Many web browsers accept cookies. You can decline cookies in your browser settings if you wish. However, our website and many others may no longer function correctly.

If you accept cookies, we can see which pages our visitors find useful and which are not. This provides us information to be used for a better user experience. Cookies do not allow us to do anything untoward like gain access to your computer.

Cookies

This website uses the following cookies:

Google Analytics: This cookie allows us to see information on user website activities including, but not limited to page views, source and time spent on website. The information is anonymised and is displayed as numbers, meaning it cannot be tracked back to individuals. This will help to protect your privacy. Using Google Analytics we can see what content is popular on our website, and strive to give you more of the things you enjoy reading and watching.

Google AdWords: We use the Google Advertising platform to promote our services. The cookies from Adwords allow us to provide a better advertising experience

Facebook Advertising: We use Facebook advertising conversion tracking and retargeting pixels, which allows us to collect or receive information from your website and elsewhere on the internet and use that information to provide measurement services and target advertising.

DoubleClick: We use remarketing codes to log when users view specific pages, allowing us to provide targeted advertising in the future.

Email Marketing We Send May Contain Tracking Codes

If you have opted in to receive our newsletters, then this may include tracking codes that help us understand who, as well as how many people have opened or clicked on each email. This data helps us to create better emails in the future, and provide you with a better service. This data is stored on the servers of our email partners and covered under their security measures.

Third Party Links

This website may contain links to other websites. However, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting these sites and as such are not governed by this privacy statement.

Links

Hyperlinks on this site may be shortened to hide long links for functionality and tracking.

Controlling Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways: if you have previously agreed to us using your personal information for direct marketing purposes, you may opt-out at any time by emailing us which you can do via the website.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held then please contact us. If you notice or know that any information we are holding about you is incorrect, please write to or email us as at the address detailed on the website. We will correct any information you indicate to be incorrect as soon as possible.

How To Opt Out OF Cookies

To opt out of a third-party vendor’s use of cookies, visit the Network Advertising Initiative opt out page. If you want to opt out of our emails, fill in the contact form on our website. Please note that deciding to opt out of cookies for your browser may prevent webpages from functioning correctly. If you wish to disable cookies, please select the below image for your particular browser.

Google Chrome
Mozilla Firefox
Apple Safari
Apple Safari iOS
Internet Explorer
Google Android

Variations To The Policy

We reserve the right to alter and change information provided in this document at our own discretion and therefore this document should be regularly referred to for updates and variations. If you have any questions regarding this policy, our contact details are as follows:

16 Hill Street,
St Helier,
Jersey,
JE1 1BS

T: 01534 875 875
F: 01534 875 885

info@benestsyvret.com