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Introduction
NIPSA is the largest trade union in Northern Ireland representing over 46,400 members employed across the whole of the public service in organisations such as the Northern Ireland Civil Service and its Agencies, Local Government, Education and Library Boards, the Northern Ireland Housing Executive as well as a host of Non-Departmental Public Bodies (NDPBs), NIPSA also represents a significant number of members in the voluntary sector. Most relevant to the consultation NIPSA has over 10,000 members in the health and social care services and are the leading union for social work and one of the joint secretaries within its negotiating structures. NIPSA’s overall policy is to protect jobs and services for communities in Northern Ireland.
There are many aspects of this proposed Bill that NIPSA view as potentially problematic, to the well-being of our members and the public. We have however chosen to respond to the main areas that impact our members in the workplace and have the potential to effect their terms and conditions of employment.
From the outset there appears to be a lack of emphasis on Public Health Promotion: NIPSA, as a strong advocate for worker safety and well-being, would be concerned about the omission of a reference to the promotion of public health in the Bill. The recommendation suggests that the scope of the legislation is solely on health protection, rather than also including health promotion. This narrow focus does not adequately address the need for preventive measures to ensure the overall health and safety of workers, which is a key issue for NIPSA.
Clarity and Worker Representation: While the recommendation acknowledges the need for clarity in the purpose and scope of the legislation, the Department does not consider it necessary to include explicit objectives within the Bill itself. NIPSA object to this, as clear and defined objectives are crucial for ensuring accountability and for giving workers a transparent understanding of their rights and protections under the law.
Omission of Broader Objectives: The recommendation proposes that objectives could be included in the Explanatory Memorandum rather than the Bill itself. NIPSA do not agree with this as we would advocate for key protections to be enshrined in the legislation itself, not left to supporting documents that are not legally binding. This would weaken the legal protection for workers’ health and safety, which NIPSA strives to protect.
Principles of Inclusivity and Worker Safety: NIPSA champions worker safety as a core principle, often advocating for comprehensive health measures. By limiting the Bill’s focus to infection or contamination control, the recommendation risks excluding broader health concerns such as mental health, long-term occupational illnesses, and general worker well-being. These are crucial areas in ensuring that workers are adequately protected in the workplace.
Privacy and Data Protection: The proposal involves collecting and sharing sensitive personal data, including names, addresses, contact details, ethnicity, and travel history. NIPSA have concerns about how this data is stored, used, and protected, especially if it can be shared electronically. Data security and the protection of individuals' personal information would be a central concern.
Compulsion and Reporting Requirements: NIPSA believe the mandatory nature of the reporting might be seen as increasing state surveillance over individuals’ health conditions, which could be interpreted as repressive if there are insufficient safeguards. For instance, patients might feel hesitant to seek medical care knowing that their private information will be automatically shared with government agencies.
Requirements and restrictions" in relation to "persons" and "groups of persons: NIPSA object to the proposed requirements and restrictions in relation to "persons" and "groups of persons" for the following reasons, 1st, Compensation and Workers’ Rights, Although compensation is mentioned, the uncertainty around whether workers would have sufficient support if they are forced to abstain from working or trading is a major issue. NIPSA would want to see clear provisions guaranteeing financial support for workers affected by such measures.
2nd Collective Impact on Workers, The ability to impose restrictions on "groups of persons" could potentially target workers or members of particular communities without sufficient evidence. NIPSA would be seeking for more robust checks and balances before any such powers could be applied, ensuring that workers' rights are respected at all stages.
Requirements and restrictions" in relation to "related parties": The proposal to allow the PHA or courts to compel individuals to provide information about related parties introduces significant concerns about government overreach and that such powers could infringe on individual freedoms and privacy.
Workers’ Privacy Rights: Forcing people to provide personal health information, or that of their colleagues, could create an environment of mistrust and fear in workplaces. This undermines the dignity and rights of workers and may lead to discriminatory practices in the workplace if health issues are shared or misused by employers.
Impact on Vulnerable Workers: Those who may have been infected or contaminated could include vulnerable individuals such as frontline workers. NIPSA would need to see strong safeguards to protect workers from any undue pressure or coercion to reveal private information that may harm their job security or personal safety.
Requirements and restrictions" in relation to "things" NIPSA object to the "requirements and restrictions" in relation to "things" based on the following reasons:
Property Rights Concerns: The ability of the PHA to seize, quarantine, or destroy personal property such as a worker’s personal effects or work tools could have serious financial consequences. NIPSA, argue that such measures infringe on property rights, especially if applied without proper evidence or compensation mechanisms.
Lack of Transparency and Oversight: Without clear criteria for what constitutes a "contaminated" or "infected" thing, this legislation could be open to broad interpretation, leaving workers vulnerable to excessive or arbitrary actions. NIPSA would push for stronger legal safeguards and transparent processes.
Financial Compensation: NIPSA demand explicit guarantees that workers who have their property seized or destroyed are compensated fairly and quickly, especially if those items are critical to their livelihood.
Requirements and restrictions in relation to health measures in relation to things for "related persons" and "related things" NIPSA disagree with the proposed measures for related persons and related things due to concerns about –
Privacy Violations: Asking individuals to provide detailed information about their possessions or about other people violates privacy rights, NIPSA would be concerned that this could lead to an overreach into the personal lives of workers.
Impact on Employment: The proposed measures could lead to disruptions in the workplace, particularly if workers are questioned or required to provide information about their colleagues or their own property. This creates an atmosphere of suspicion, which could harm the workplace environment.
Requirements and restrictions in relation to premises: NIPSA disagree with the restrictions and requirements on premises for the following reasons:
Potential Overreach in Workplaces: The ability to close premises, including places of work, raises concerns about the arbitrary impact this could have on workers’ jobs and livelihoods. NIPSA see the need for clearer guidelines and limits on these powers to ensure that workers’ employment is not put at unnecessary risk.
Financial Impact on Workers: If the premises of a workplace are closed without adequate compensation or support, workers could be left without income. NIPSA would be particularly concerned about low-wage workers or those in precarious employment who may not have access to benefits or alternative employment options during such closures.
Safeguards for Worker Rights: NIPSA would insist that any closure orders related to health hazards be accompanied by strict guidelines ensuring that workers are compensated, and that their rights are protected during such incidents.
In Conclusion
Given that this consultation post-dates the pandemic, it is important to acknowledge the pivotal role that the Health and Social Care (HSC) workforce played in protecting the public throughout the COVID-19 crisis. Their frontline involvement highlighted the essential nature of the workforce in maintaining public health, and it is vital that they continue to be integrated into future public health delivery.
A well-supported HSC workforce, equipped with adequate resources, training, and legislative protection, is key to strengthening public health resilience in the future. NIPSA asserts that the legislation should recognise this by ensuring robust involvement of HSC professionals in both health protection and promotion efforts.
Additionally, the ongoing COVID-19 inquiry will likely yield emerging lessons that must be drawn upon to avoid repeating past mistakes. The legislation should be flexible enough to incorporate these findings as they become available, ensuring that the future public health framework is informed by the experiences of the pandemic. This would allow the legislation to be forward-thinking, reflecting lessons learned on protecting workers, data handling, and ensuring a transparent, equitable approach to public health that balances individual rights with collective safety.
NIPSA remains deeply concerned about the potential impact of this proposed Bill on the rights, privacy, and well-being of workers. While we acknowledge the need for public health protection, we believe that the legislation’s current focus on health protection, without adequate emphasis on health promotion and worker representation, leaves significant gaps in ensuring comprehensive worker safety.
The proposed powers regarding personal data, property, and premises are particularly troubling, as they pose serious risks to privacy, employment security, and property rights. We urge the Department to reconsider these aspects of the Bill, ensuring that clear objectives, safeguards, and protections are enshrined in the legislation itself to better protect workers and uphold their fundamental rights. NIPSA is committed to advocating for its members and the wider public to ensure that any legislation affecting the workplace is fair, transparent, and prioritises the health and safety of all workers.