President to be vested with power to declare state of public health emergency

The Judiciary Committee of the Parliament has voted to amend the Public Health Act of the Maldives so that the President has the power to declare a state of public health emergency much like the state of emergency powers granted to the President for declaration. 

North Fuvahmulah MP Ahmed Rasheed submitted the amendment to the law last year July. After analyzing the bill, the Judiciary Committee passed the amendments and sent the bill to the parliament last Wednesday. 

The main amendment is the powers granted to the President to declare the state of public health emergency. Under the amendment, the Director-General of Public Health is to advise the Health Minister for such a declaration providing that there is sufficient proof necessitating such a declaration. The Health Minister is then to immediately advise the President.

Under the current law, the Director-General of Public Health is vested with the power to make such a declaration.

Another amendment is to liken the state of public health emergency with the state of emergency under Article 11 of the Constitution. So, under the Public Health Emergency declaration, the same manner of conduct is to be pursued as to the state of emergency. 

The President is granted the power to make a declaration of public emergency under Article 253 of the Constitution, which not to last for more than 30 days and is to be submitted to the Parliament within 48 hours under Article 257 of the Constitution. The Parliament has the power to approve the declaration or part of or to strike down the declaration completely. The President is also to submit an extension of any such declaration to the Parliament as well.

The bill also requires any spending which exceeds the government budget for such a public health emergency to be detailed to the parliament. The bill limits the spending of the government to the amount granted by the parliament. If passed, the amendment will take effect in the current situation with COVID-19, according to the bill. 

The reasoning for the amendment is to keep the spending of the government in check and to hold those responsible accountable. The Judiciary Committee decisions under the bill will only come into effect after the Parliament passes the bill and the President ratifies it.