Conflict rages over health inspectors

Although Government ministers have said Public Health Inspectors (PHI) can close food outlets which do not meet public health standards, the Chief Public Inspector Sayad Ali yesterday maintained they did not have this power and “for a place to be legally closed, it must be done by a magistrate.” On Wednesday, Local Government Minister Rennie Dumas, said based on the advice he had received health inspectors can take action or “organise so business places will not open in a way that will endanger public health and public safety.” Health Minister John Rahael expressed similar views on Monday.

Ali said even in cases where imminent danger is posed to the public, inspectors still had to go to a magistrate. “We like to rely on education methods for people to comply.” Ali has said cases can take a very long time when they go to court. According to Section 50A of the Public Health Ordinance amended Chapter 12 No 4. “A Medical Officer of Health, if he is satisfied that as a result of insanitary conditions existing in any place used as a public building the health of the public is or is likely to be impaired may, by notice in writing served on the occupier of such place, require him to execute such works as may be specified in the notice and within the period therein specified in order to remove the danger or the likelihood thereof to the health of the public.”

Clause 4 states that a person who fails to comply with the requirements of the notice, if found guilty of an offence is liable on summary conviction of $500 or imprisonment for six months or both. Section 50B (1) states that “where a person fails to comply with the requirements of a notice issued pursuant to subsection (1) thereof, the Medical Officer of Health may make an application to the Court of Summary Jurisdiction having jurisdiction in the district in which the public building is situated for an order under this section.” The application must be supported by an affidavit setting out the particulars of the case and, copy of the notice served on the business place and “allege the fact that the requirements have not been met.”