The #FalklandIslands are in the process of getting "lockdown" regulations to deal with #COVID19, though with no confirmed cases outside the MPC military base they are not going to be applied for the time being and an announcement about the existing measures is due tomorrow.
The regulations have been made, but not yet formally published in the Gazette or on legislation.gov.fk (the #FalklandIslands statute law database) and will only if and to the extent that a further declaration is made ...
Travel to the #FalklandIslands is currently very limited (@LATAMAirlines flights suspended, reduced passenger capacity on MoD airbridge and restrictions on visas/visitor permits) and anyone arriving already has to complete 14 days quarantine
The #Falklands version of #COVID19 #lockdown legislation is based on the English regs but is adapted in various ways to local requirements and also reflects some of the commentary and debate ...
The regulations also provide a means of enforcing measures (such as closing premises, stopping non-essential work or doing essential things in a particular way) that up to now have been mostly unenforceable but mostly followed
A deliberate decision was taken not to have a fixed penalty system but to enforce as a last resort (as stated in the ExCo paper for approval of the regs and in guidance issued by the Attorney General and the Royal Falkland Islands Police) by prosecution
However, a deliberate decision was also taken for the maximum penalty for the most serious breaches of #COVID19 measure to include the possibility of up to 2 months in jail!
That said, the guidance being issued emphasises that enforcement is to be a last resort and it also emphasises other limitations of and checks on the powers available.
The previous #COVID19 legislation in the #FalklandIslands had only implemented the equivalent of Sch 21 to the UK's Coronavirus Act - work is being undertaken on a Bill (or possibly emergency regulations if Legislative Assembly remains inquorate!) to implement some more of it ...
An analysis of the rest of the Coronvirus Act (and whether similar things need to be done in the #Falklands) was carried out and presented to ExCo last week in a paper that was then made public...
The position had been that the only provisions apart from Sch 21 ghst applied in tbe #Falklands were those relating to registration (which applied by automatic updating of UK legislation adopted locally) ...
The provisions about closures and directions are now being picked up in the new regulations ...
The analysis was that the majority of the other provisions of the UK Coronavirus Act are not needed in the #FalklandIslands, because there no equivalent provision in #Falklands law or there are existing powers or things are done differently ...
The two remaining areas to be covered for now in #Falklands #COVID19 legislation are Health Service Indemnification (which caused some concern locally on social media, although reassurance was given) and Court Technology ...
Except how that legislation is dealt with probably depends on one other possible piece of legislation: an amendment to the #FalklandIslands Constitution that has been requested but needs to be made in the UK ...
Legislative Assembly currently cannot have a quorate formal meeting and a temporary constitutional amendment has been requested to make alternative arrangements - the alternative would be emergency regulations ...
Executive Council has been able to function and MLAs are still taking part in the decision making process - although there has been no formal public consultation, there has been some transparency and I do know of one comment that was submitted about the draft of the new regs!
@threadreaderapp: unroll, please and thank you
Broken thread continues at
