The Public Health (Emergency Measures) (Coronavirus COVID-19) Order, 2022 – dated March 18, 2022

On Thursday, March 17, 2022, Prime Minister Andrew Holness announced that the use of the Disaster Risk Management Act (DRMA) to implement Covid-19 emergency measures would end the following day. He said that a few of the measures that had been in place would instead be administered under the Public Health Act but that all others would come to an end.

The Ministry of Health & Wellness (MOHW) issued a press release about the revocation of the DRMA Covid-19 Orders and indicated that a copy of new Public Health Enforcement Measures Order was attached to the release.

However, although the press release was posted on the MOHW website, the attached Order doesn’t seem to have been posted there. It was posted on the Office of the Prime Minister’s website.

I have posted a copy of the Order below.

The Public Health (Enforcement Measures) (Coronavirus COVID-19) Order, 2022 – March 18 2022Download

Some of the measures are scheduled to expire in a week’s time, on April 15, 2022 and the PM had indicated that a review is to take place to determine what will happen after that time. If the Covid data from the MOHW continues on the trend of the past few weeks, it is likely that the remaining measures will not be extended. The rising number of cases and hospitalisations in the UK, the USA and Canada is cause for concern, however, as in the past increases in those countries have been followed some weeks later by increases here in Jamaica.

The Last of the COVID-19 Disaster Risk Management Orders – January 14 & 28, February 11 & 25 and March 18, 2022

In Parliament last week Thursday – March 17, 2022 – Prime Minister Andrew Holness announced the end of the use of the Disaster Risk Management Act (DRMA) for the issuing of measures to deal with the Covid-19 pandemic in Jamaica, after 2 years of use. This was generally expected and the Prime Minister indicated that while most measures, including the nightly curfews, would be ended outright, some would be kept in place via regulations under the Public Health Act. This includes the requirement to wear masks in certain enclosed indoor areas accessed by the public, which remains until April 15, 2022.

The Order ending the use of the DRMA, effective March 18, 2022, was displayed in Parliament but has not yet been posted online.

“With effect from the 18th day of March, 2022, the Disaster Risk Management (Declaration of Disaster Area) Order, 2020 is revoked.”

For completion, I am posting below the last 4 DRMA Orders, all issued in 2022. They are all posted on the Ministry of Justice website, though not all on the Office of the Prime Minister website.

Disaster Risk Management (Enforcement Measures) Order, 2022 – January 14 2022Download

Disaster Risk Management (Enforcement Measures) (No. 2) Order. 2022 – January 28 2022Download

Disaster Risk Management (Enforcement Measures) (No. 3) Order, 2022 – February 11 2022Download

Disaster Risk Management (Enforcement Measures) (No. 4) Order, 2022 – February 25 2022Download

Click here to view the PBCJ recording of PM Holness’ presentation in Parliament in which he spoke about ending the use of the DRMA to implement Covid-19 measures. The presentation was made during his Budget Debate presentation and begins about 37 minutes into the recording.

The Covid-19 pandemic use of the DRMA has come to an end and there is much worthy of detailed study and comment about it, including whether it was the appropriate method for the issuing of these measures for such an extended period of time; the amount of power it placed in the hands of the Prime Minister; how the issuing of the Orders was actually handled; the way in which the details of the Orders and gazetted copies were disseminated to the public and the scope of the measures contained in the Orders and the impact they had on life in Jamaica. It will be worth looking at what lessons, if any, have been learned for next time…whatever that next time turns out to be…

Disaster Risk Management Order No. 12 – Dated December 10, 2021 (& Order No. 11 Amendment No. 2 – November 27, 2021)

The gazetted copy of the current Disaster Risk Management Order – No. 12, dated December 10, 2021 – was posted on the Office of the Prime Minister’s (OPM) website on December 24, 2021. To date, it hasn’t yet been posted on the website of the Ministry of Justice (MOJ).

I have posted a copy below. I have also posted a copy of Amendment No. 2 for Order No. 11, dated November 27, 2021.

Disaster Risk Management (Enforcement Measures) (No. 12) Order, 2021 – December 10 2021Download

Disaster Risk Management (Enforcement Measures) (No. 11) (Amendment) (No. 2) Order, 2021 – November 27 2021Download

Despite the fact that these Orders govern some fundamental aspects of our lives in profound ways, and have done so for the better part of the past 2 years, neither of the two government websites which post these gazetted Orders online has a complete set of them posted. The Ministry of Justice hasn’t yet posted a copy of the current order, 18 days after the measures went into effect. And the Office of the Prime Minister posted the current order on December 24, two weeks after the measures took effect, on December 10. OPM also still hasn’t posted some of the previous orders, Order No. 11, for example, nor its 2nd amendment.

MOJ DRMA Orders page on 28-12-21

OPM DRMA Orders page on 28-12-21

Some would say this is of little significance because fewer and fewer people are paying attention to the measures that are announced anyway and enforcement of many measures is very relaxed and arbitrary. So post them? Don’t post them? Whatever….

But what is the impact of repeatedly announcing measures which are routinely ignored? This might be worth considering.

Disaster Risk Management Order No. 11 Amendment – Dated November 18, 2021

The current Disaster Risk Management Order has now been posted on the Ministry of Justice website, which has a new look for the arrangement of its archive of these gazetted Orders. Perhaps the transition to this new arrangement was what was causing some glitches to the page over the past couple of days. Neither Order No. 11 nor this Amendment is posted on the OPM website yet.

Here is a copy of this gazetted Order, Disaster Risk Management (Enforcement Measures) (No. 11)(Amendment) Order, 2021:

Disaster Risk Management (Enforcement Measures) (No. 11) (Amendment) Order, 2021- November 18, 2021Download

Disaster Risk Management Order No. 11, 2021 – Dated October 29, 2021

This is a copy of Disaster Risk Management Order No. 11, 2021, dated October 29, 2021. It is not the most recent Order, as Prime Minister Holness announced changes to the measures in Parliament last Tuesday (November 16, 2021). The new Order or Amendment to this Order has not yet been posted on either the OPM or Ministry of Justice website.

Disaster Risk Management (Enforcement Measures) (No. 11) Order, 2021 – October 29, 2021Download

A copy of this gazetted Order is posted on the Ministry of Justice website but is not yet posted on the OPM website.

Disaster Risk Management Order No. 10 Amendment – Dated Sept 25, 2021

A brief amendment to the current Disaster Risk Management Order No. 10 came into effect on September 25, 2021. I have posted a copy of the gazetted amendment below.

Disaster Risk Management (Enforcement Measures) (No. 10) (Amendment) Order 2021 – Sept 25 2021Download

It is posted on the websites of the Office of the Prime Minister and the Ministry of Justice.

Disaster Risk Management Order No. 10, 2021 – Dated Sept 18, 2021

Below is a copy of the Gazette of the latest Disaster Risk Management Order – No. 10, dated September 18, 2021. It contains Covid measures that are currently in force.

Disaster Risk Management (Enforcement Measures) (No. 10) Order, 2021 – September 18 2021Download

At the time I am posting this blog, Order No. 10 has been posted on the Ministry of Justice website, but not yet on the Office of the Prime Minister website.

Disaster Risk Management Order No. 9, Amendment No. 2, 2021 – Dated Sept 3, 2021

The gazetted copy of Disaster Risk Management Order No. 9, Amendment No. 2 is available online on the Office of the Prime Minister website, though not yet on the Ministry of Justice website. I have also posted a copy below. With many of the measures in this amendment expiring this week, another announcement by the Prime Minister is expected, perhaps in Parliament on Wednesday, when the House of Representatives resumes its sittings after the summer break.

Disaster Risk Management (Enforcement Measures) (No. 9) (Amendment) (No. 2) Order, 2021 – September 3 2021Download

Disaster Risk Management Order No. 9, 2021 & Amendment – Dated August 11 & 20, 2021

These are the most recent Disaster Risk Management Orders – No. 9 & its Amendment, dated August 11 & 20 respectively:

Disaster Risk Management (Enforcement Measures) (No. 9) Order, 2021 – August 11 2021Download

Disaster Risk Management (Enforcement Measures) (No. 9) (Amendment) Order, 2021 – August 20 2021Download

The Office of the Prime Minister and Ministry of Justice websites are the two government websites that usually/eventually post the Gazetted copies.

Disaster Risk Management Order No. 5, 2021 – Dated April 13, 2021 (& Amendment to Order No. 4)

On Tuesday (April 13, 2021) in Parliament, Prime Minister Andrew Holness announced new measures under the Disaster Risk Management. The gazetted order has been posted online on the Office of the Prime Minister’s website. It has not yet been posted on the Ministry of Justice website. I have posted a copy of the Gazette below.

Disaster Risk Management Enforcement Measures) (No. 5) Order, 2021- April 13 2021Download

For completeness, I have posted the amendment to Order No. 4 2021, although its provisions have now been replaced by Order No. 5

Disaster Risk Management (Enforcement Measures) (No. 4) (Amendment) Order, 2021 – March 31 2021Download