States can shut factories, but not for Covid-19

 

Local authorities risk being sued if they shut factories for reasons that do not come under their jurisdiction.

PETALING JAYA: State governments and local authorities have no power to shut factories due to Covid-19, but can do so for other reasons that come under their jurisdiction, according to an expert on local government laws.

This week, PKR’s Rafizi Ramli and DAP’s Syahredzan Johan sparred on Twitter over who is responsible for closing factories in Selangor, which have been a hotbed for infections.

Rafizi argued that the state could revoke the factories’ operating licences, but Syahredzan countered that the Prevention and Control of Infectious Diseases Act allowed Putrajaya to determine which economic sectors were essential and could operate and that local councils could revoke licences only for breaches of provisions in the licences.

Lawyer Derek Fernandez told FMT that while the Local Government Act provides these authorities the power to regulate and manage health sanitisation and control of diseases, it must not conflict with federal laws.

Derek Fernandez.

While local authorities may shut a factory for a variety of reasons such as sanitation, breach of planning and building laws, pollution or breach of conditions of licence, to do so for reasons not under their jurisdiction could result in the business suing the council.

He said local governments could also pass specific laws that relate to Covid-19, but these too must not contradict federal legislation. Federal law would supersede local laws under Articles 75 and 81 of the Federal Constitution, he said.

As the operation of factories during the Covid-19 pandemic comes under the Prevention and Control of Infectious Diseases Act, all laws – federal, local and state – cannot contradict its provisions.

Under this act, the role of local councils is to enforce compliance with health ministry’s directives.

More important than who can close down factories, Fernandez said, was the inability to establish adequate SOPs to allow factories to function while maintaining worker safety.

“Surely mobile vaccination units can be deployed to factories and compulsory testing of workers carried out as a precondition to operate a factory,” he said.

He suggested that the government give incentives for compliance.

“Tax incentives can be given, such as a double tax relief with a rollover if employers are to be made to partially pay for the tests and vaccinations,” he said.

“There are many things that can be properly done if there is a will to do so and public interests are placed ahead of private ones.”

His remarks mirror those made by Selangor exco member Ng Sze Han, who said it was under the federal government’s purview to shut factories as this falls under the Prevention and Control of Infectious Diseases Act.

“Matters relating to the operation of the manufacturing sector for the purpose of Covid-19 control are subject to this act and directives and SOPs are set by the National Security Council,” he said in a statement yesterday. - FMT