Local Govt Minister: Health inspectors have power

LOCAL GOVERNMENT Minister Rennie Dumas yesterday said public health inspectors are empowered under law to shut down businesses if such organisations are deemed to be endangering public health and safety. On Monday, the Public Health Department (PHD) released the names of 12 Port-of-Spain businesses which it said were not complying with public health and safety standards. At a news conference on the same day at Port-of-Spain City Hall, Chief Public Health Inspector Sayad Ali said the Public Health Inspectorate was not mandated by any law to close down food establishments ad hoc. He said the process was a lengthy one as it involved the court and the laws under which the Department operated were archaic.  The 12 places identified by the PHD closed voluntarily and no action was taken against them.

Health Minister John Rahael said the PHD had the power to shut down businesses which did not conform to public health and safety laws. Rahael said health inspectors had been doing so in San Fernando within recent times and if the laws were archaic, then he would discuss the matter with Attorney General John Jeremie. Speaking with reporters at the Trinidad and Tobago Manufacturers Association building in Barataria, Dumas stated: “My advice is that the health officers, if they find conditions that justify the drastic action (of closing down businesses), they can in fact, take the action themselves or organise so the business places will not open in a way that will endanger public health and public safety.” The  minister explained that whether or not health inspectors close down a business is a question of interpretation “as to how they should proceed.”

Dumas said while there were  differences between the laws of Port-of-Spain and other Local Government jurisdictions in TT, the particular situation was “always subject to the interpretation of the particular officer, except where there is a clear breach of a written law or a past judgment that gives guidance as to how we should proceed.” “What is critical to us at the ministry is that in fact, people are getting up and going and do what they are supposed to do, which is protect public health and safety. The State has empowered the people and we have given a policy suggestion that says let us ensure that public health and safety is in fact protected and we are quite happy to see the officers in the corporation actually going and getting it done,” he declared. The minister added that “without looking at the specific letter of the law, I wouldn’t want to second guess the public officers without that consultation.” Dumas believed that Ali’s view about existing public health laws being archaic was a fair one. “That is why we are engaging in Local Government reform.