BU Research Blog

You are probably aware that State agencies have general powers to prevent and control specific communicable diseases.  However, you may not fully appreciate the full extent of these powers. The Health Protection (Coronavirus) Regulations 2020 were rushed into force in England without parliamentary scrutiny and limited publicity on 10 February 2020, to address the potential threat of  the Wuhan novel coronavirus (2019-nCOV).  This secondary legislation grants Public Health England (PHE) wide powers to detain, isolate, treat and quarantine both domestic nationals and international  visitors, and builds upon the wider public health powers available under the Public Health (Control of Disease) Act 1984.  Of particular note, is the ability of the Secretary of State to issue or withdraw a ‘serious and imminent threat declaration‘ by website notice (S3); and the wide powers that are subsequently afforded to registered public health consultants working within PHE.  These powers include the ability to force individuals to submit to medical investigation, treatment and isolation without consent.  It is a sober reminder of just how precious and vulnerable our freedoms are when there are perceived threats to the wider public interest.