The Norwegian Ministry of Justice and Emergency Preparedness is sending a proposal to introduce curfews for consultation today.
The Ministry of Justice and Emergency Preparedness is today sending a proposal to amend the Infection Control Act for consultation. The proposal specifies when it may be appropriate to introduce the so-called curfew as control measure infections. The application was prepared together with the Ministry of Health and Healthcare.
In the last year, implementation was necessary a number of different measuresto limit the spread of infection. Experience from Norway, but not only from other countries, shows that the situation can change quickly.
We avoided the most dramatic decisions in Norway
– So far, fortunately, we have avoided the most dramatic decisions in Norway, such as the complete closure of the business community and Police hour. Many European countries have introduced such measures. I sincerely hope this won't happen in Norway. But if it becomes necessary, it is important that we have the tools we need. Says Minister of Justice and crisis management Monica Mæland.
There is no provision relating directly to the curfew
law on infectious diseases provides for the possibility of introducing a social lockdown if necessary. Under certain conditions, a movement ban can also be introduced, i.e. a ban on leaving the house outside. However, there is no provision directly relating to the curfew. The proposal sent for consultation aims to provide clarity legal basis for such a measure, while ensuring that Parliament is fully involved.
The curfew proposal text
The proposal authorizes the government to ban places where people may be staying, but only within very strict limits to prevent or counter transmission Covid-19. A curfew may only be imposed if it is strictly necessary to ensure public health and must meet all general requirements Infection Control Act. It takes a long time to do so stringent measure will be necessary.
Moreover, the curfew must remain within the framework and obligations of international law. This means, inter alia, that the curfew may not be introduced over a larger geographical area than necessary, but may not be for long.
- As the curfew is very burdensome, it will only apply in the extreme situation where other measures are not sufficient. However, we are far from that now, emphasizes Mæland and adds:- If there was an absolutely necessary curfew now, it is easiest to imagine it in a small area of the country and only for part of the day.
According to the proposal, the curfew may be up to 21 days, with an option to extend it by 14 days. The application stated that the curfew should not close the minimum of people-to-people contacts. It should provide critical and important social functions and care for children and other vulnerable groups. The applicable conditions and exceptions should be further specified in the rules.
Relations with the Storting (Stortinget - unicameral parliament of the Kingdom of Norway)
If a curfew rule is introduced, the Storting must be notified immediately. The Storting should then receive detailed justification, which includes information on the need to impose a curfew. Mandatory by a specialist infection control and why it is absolutely necessary and proportionate. This means that it must be explained why alternative and less invasive measures are not sufficient. The extent to which the curfew will be imposed should also be justified. Among other things, due to geographical scope, duration in number of days, when on a given day and what exceptions are established. The reasons must be public.
The Storting may revoke the regulation in whole or in part within seven days.
- If we limit people's freedom of movement by curfew, we must have broad democratic control. We therefore propose that the Storting be thoroughly informed and that the Storting may overrule the provisions in whole or in part within seven days. This is the Minister of Justice and Crisis Management Monica Mæland.
The application is currently being sent to broad public consultations. This means that the government wants to have an influence on this or that new recipe should be introduced and how it should be formulated. Once input from the consultation is available, it will be assessed before a decision is made as to whether an application will be submitted to the Storting.
The consultation deadline is June 31 January 2021 r.
