A protest will take place this weekend in Belfast to demonstrate against the NI Public Health Bill.
With just five days remaining until a Public Consultation on the Bill, extended by the Stormont government closes, organisers say the event will give people the “opportunity to discuss the proposed changes to the Bill.”
The demonstration will take place outside Belfast City Hall from 12pm onwards on Saturday, and comes as a petition calling for the law to be scrapped reached 6,000 signatures.
The ‘Stop the NI Health Bill’ Campaign says the Bill, if it becomes law, “threatens medical freedom with forced exams, quarantine, and vaccinations.” The campaign also says the legislation extends emergency powers, allowing authorities to impose severe restrictions without consent.
“This bill undermines human rights, limits personal choice, and bypasses true public consultation,” the group says.
The public awareness campaign has said that the proposed new law would allow “dystopian levels of medical tyranny” in the event of a government-designated public health crisis. It describes the Bill as one of the first pieces of legislation worldwide to take its lead from the World Health Organisation’s (WHO) Pandemic Treaty, along with amendments to international health regulations.
Calling on NI Health Minister Mike Nesbitt to intervene, the petition campaign adds: “The bill is unlawful as it seeks to override some of the fundamental human rights under the European Convention on Human Rights and UK Human Rights Laws. The Minister must stop the proposed legislation.”
Michael Brentnall, a human rights lawyer based in Belfast, is among public critics of the Bill. His firm, Brentnall legal, have been behind a number of high-profile legal challenges, including a court case which challenged plans to introduce mandatory face masks in shops across the North – which were subsequently scrapped in January 2022.
The firm was also behind a judicial review, which in May this year, resulted in the High Court in Belfast ruling that the PSNI did not have the power to enter private dwellings for alleged breaches of Covid regulations.
Brentnall Legal has also claimed that the Health Minister, the UUP’s Mike Nesbitt, failed to disclose that Pre Action Protocol correspondence had been sent on behalf of a Brentnall Legal client challenging the legality of the public consultation on the Bill on 13 September 2024.
Mr Brentnall says he has “grave concerns” regarding the process of consultation, and secondly, the content of the proposed legislation.
“Having had an opportunity to analyse this document, I can say with some authority that this is the most draconian legislation I have ever reviewed,” Mr Brentnall said.
“Having challenged significant emergency legislation in recent times as a human rights lawyer, I would describe it (the Bill) as spine-chilling. Upon reading the proposed legislation, what struck me was the Health Minister’s forward, in which he states that the new Health Protection legislative framework will be based on a review of the 1967 Act and the recent public health emergency.
“I would suggest that no consideration has been given to the recent public health emergency other than the fact that the former Health Minister deemed he did not have sufficient legislative power or authority to take measures further during the previous public health crisis. This is notwithstanding the significant legal challenges that the Minister, his Department, and other agencies faced as a result of their actions,” he continued.
“In the document, it states on numerous occasions that it is intended to progress the Bill at pace. This in itself is quite a concerning statement given the fact that ordinarily, any Bill of such a nature should be analysed and toiled over in good time. It also reiterates the narrow scope of the Act, which is contradicted by the substance of this document, and therefore the proposed legislation.
“It also states that an outside, international body has largely drawn up this legislative framework. This in itself should raise eyebrows. What is also given reference, specifically, is the power of entry and the role of authorised officers which came under significant scrutiny in the divisional court in the judgements of Kozubikova and Hughes.”
The solicitor went on to say that the Bill centres on a consultation carried out in 2015, and refers to “public health threats that are yet unknown,” likening this to “framing terrorist legislation against an unknown threat.”
Mr Brentnall added: “Moreover, other legal issues arise in respect to the potential implementation and procedural processes of the administration of this legislation, if it is passed.
“Not only does this legislation give rise to a veto over Ministers, but the Assembly itself, to enact certain measures. This proposed legislation heavily engages numerous convention rights, including Articles three, five, six, eight, and ten. It also flies in the face of significant case law and the guiding principles that are the cornerstone of our legal system.”
Minister for Health Mike Nesbitt, in response to public concern around the Bill, said he was “not in favour” of forced vaccinations.
He said: “I would encourage any individual, group, or organisation with a view on the consultation to submit a response ahead of the new closing date of October 14. This is your opportunity to help shape this important legislation.
“There has been significant public interest in the consultation. As we seek to replace outdated legislation, it is important that we consider all options.
“I am not in favour of mandatory vaccination even in limited and tightly prescribed circumstances.
“Nevertheless, it is right that we have a public conversation about all potential options in the public consultation, as we decide what should be in the final Bill to protect us all.”
In a statement posted this week, the NI Department of Health said:
“The Health Minister has stated publicly that he does not favour any mandatory vaccination powers being introduced. This option has been included in the public consultation to give people the opportunity to have their say. It will be for the Minister to decide what would be included in the Public Health Bill that goes to the Executive and Assembly.”
The Department also said: “There is currently no Public Health Bill. There is a public consultation on options for inclusion in a new Bill. When the consultation is concluded, all the submissions received will be reviewed, and a proposed Bill will then be prepared.
“It would need Executive and Assembly support before it becomes law. The legislative process will include detailed scrutiny by the Assembly Health Committee and debate in the Assembly chamber, with Members able to propose and vote on amendments as well as the final Bill.”