COMMENTARY: Charging For Quarantine Illegal

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by  Charlesworth C. M. Tabor, Attorney-at-Law

 

The country was told recently by Minister Melford Nicholas, the Cabinet spokesman, that the government was going to impose a fee of $100 daily for the people who are placed in quarantine for the mandatory 14 days. This means therefore that a person subjected to quarantine would be saddled with the astronomical bill of $1400.

 

Let me say from the very outset that the government has no statutory or constitutional authority to impose such a fee, therefore any such imposition would be unlawful. This may sound like a rather bold statement so let me hasten to prove it.

 

One of the fundamental and guiding principles of a democratic society is the Rule of Law. Simply put, all this principle means is that a government like the ordinary citizen must act according to the law and must also obey the law. The government is not above the law as some in the present government may believe.

 

Now, let me take you on a short legislative journey to prove my point. The first stop is the Quarantine Act, Chapter 361 of the Laws of Antigua and Barbuda. What section 9 (1) of that Act states (with the marginal note Expenses and charges) is that “The expenses of the administration of this Act shall be defrayed out of the general revenue of Antigua and Barbuda”. What that means is that all expenses arising from the operation of a quarantine facility (including meals etc.) must be borne by the government and not by a person held in quarantine.

 

The Quarantine Act, Chapter 361 was supposed to be repealed by the Quarantine Act 2020. I said “supposed to” because I cannot tell from the Laws of Antigua and Barbuda whether the Act has been passed. In any case, the Quarantine Bill 2020 is therefore the next stop on my legislative journey.

 

While the Quarantine Act, Chapter 361 spoke to the charges and expenses of quarantine and who should pay for such charges, the Quarantine Bill 2020 is completely silent on that point. The only mention of charges in that Bill is at section 60 which deals with charges for sanitation measures. Section 60 (1) states “The Quarantine Authority may levy a charge against the master or owner of a conveyance for any sanitation measures ordered under sections 34 (1) or 4 (1) or both”.

 

Let us assume that the Quarantine Bill 2020 has not become law as yet, it means therefore that the law relating to quarantine in Antigua and Barbuda is still the Quarantine Act, Chapter 361 and what that Act says, for those who need to be reminded, is that all payments for the operation of quarantine should come from the Conslidated Fund i.e., the government purse and not from an individual’s purse.

 

To support my argument even further, I shall quote section 107 (1) of the Public Health Act, Chapter 353 of the Laws of Antigua and Barbuda. That section states:

 

“Where any suitable hospital or place for the reception of the sick, established and

maintained from public funds, is provided, any person who is suffering or suspected to be suffering from an infectious disease, and is without proper lodging or accommodation, or is so lodged that proper precautions cannot be taken for preventing the spread of the disease, or is lodged in any common lodging house, or is on board a ship, vessel or aircraft, may, on a certificate signed by the Medical Officer of Health, the medical officer of health of the district or any medical practitioner authorized by the Board, and with the consent of the persons in this section mentioned, be removed by any order of any Justice or Magistrate, to such hospital or place at the cost of the Board….” .

 

Again, my dear readers, this is incontrovertible Statutory evidence that it is the responsibility and obligation of the government to pay for any person that is hospitalized, quarantined etc. as a result of any infectious disease such as the present covid 19 virus.

 

In some countries the government not only pays for quarantine (which is their obligation), but also pays the person who is quarantined in cases where they would be losing their salary. Given the fact that our government claims to be broke and is unable to provide any financial assistance to the poor and most vulnerable in the society (other than the occasional food handouts), I would not expect them to do the same. However, I would expect them to do the bare minimum and pay for the quarantine.

 

My simple common sense question to the government therefore is this: why should a person (perhaps penniless) who unfortunately becomes infected with covid 19 pay $1400 for their meals while in quarantine. It is for the government to pay. Soon the government might become so financially challenged that they will ask the inmates of 1735 (prison) to pay for their daily ration. Such a development would be utterly ridiculous since it is the responsibility of the State to take care of its prisoners. Similarly, it is the responsibility of the State to pay for the meals and all other associated costs for those placed in quarantine.

 

My argument that it is for the government to pay the bill for people placed in quarantine can be grounded strictly in the law. However, the argument can also be grounded in the ideological and philosophical raison d’etre of government. This begs the question of what is the role of government in society.

 

The role of a government in society is a question that has been discussed throughout the centuries. In addressing this question one can go way back to 1762 and the political philosophy of the French philosopher Jean-Jacques Rousseau and his Social Contract, which underpins the political legitimacy of government.

 

There is no need to go into the moral and political philosophy of the legitimacy of government at this point. For the purpose of this article, however, it only needs mentioning that the functions of government in a modern society involves, among other things; the provision of public goods such as roads and utilities, the maintenance of law and order, protection from external aggression and the protection of the population from harm resulting from the outbreak of any pestilence or infectious disease. The covid 19 pandemic is a classic example of a case in point where the government is duty-bound to protect the pupulation.

 

Now, if you accept the fact that one of the functions of government is to protect its population from harm, then it follows logically that the government is duty-bound in this covid 19 pandemic to do all in its power to protect each and every one of us from harm.

 

It goes without saying, therefore, that the isolation and quarantining of persons by the government who are infected or are suspected of being infected with the covid virus, is a role that governments the world over must undertake since it is one of the principal functions of government to protect its people.

 

The cost for the protection of its people, though, from whatever the disaster, must be borne by the government and not individuals. In the case of the covid pandemic, while individuals are called upon to protect themselves by following the required safety protocols, for those who unfortunately become infected, it is the duty of the government to protect the uninfected from the infected. If that means placing the infected in quarantine, then it is the sole responsibility of the government to pay for such quarantine to keep us safe and not for the infected person to pay.

 

The government needs to find the money to meet its obligations. Paying for quarantine could perhaps come from the half a billion dollars line of credit that is there to be utilized.

 

 

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30 COMMENTS

    • I see you Sir Mr ” just Saying ” have nothing to add . It’s not the first time I’ve seen your childlike response to all things not Red . They’re times I’ve read the comments and walk away with a different look . Such a serious topic and you choose the time on here not educate or enlighten us .

  2. Just Saying is your attention span so short that you cannot read a short straight forward article. It has caused you to yawn. What you and the others such as FROM THE SIDELINE, CARSON, PHILLIP G, TENMAN and PETE need to do is to refute the validity of my argument. I await all of your responses

  3. “Yawn” ? there’s something so wrong with your brain that you didn’t understand a thing the article said . All you understand is Red not wrong and right . Guys like you make me embarrassed to be an Antiguan with your nonsensical assinide way of thinking . Yes I’ve voted Red also but by no means I will ride or die with it . Next election all sides make their case of ideas and ideals I listen I decide .

  4. Tabor now that you have pointed out their ineptness, you know the old renegades going to Parliament next week to make it mandatory.

    • Wow! I did not know that. I guess they will be passing the Quarantine Bill 2020 to repeal the old Quarantine Act, Cap 361 of the laws of Antigua and Barbuda.

  5. I don’t know you Mr Tabor but what i do know is I always enjoy reading your comments . I’m a ÀNTIGUAN living overseas for more half my life and my brother and myself will be returning home late 2021 to contribute in opening a first of it’s kind business and in other way. Continued good reading Blessings to everyone !

  6. Stop fooling the people, the law states that the expenses of the quarantine administration shall be paid by (defrayed) the General revenue of the government of antigua and barbuda.

    9. (1) The expenses of the administration of this Act : shall be defrayed out of the general revenue of Antigua and Barbuda. (2) All expenses and charges payable to the Quarantine Authority under this Act may be sued for and recovered by him or by any Health Officer before any court of competent jurisdiction, and a certificate purporting to be under the hand of the Quarantine Authority to the effect that the expenses or charges sued for are due and payable shall be received in evidence and shall be sufficient evidence of the facts therein stated, unless the contrary be shown. (3) Any sum received or recovered by the Quarantine Authority in payment of expenses or charges payable to him under this Act shall be forthwith paid by him into the general revenue of Antigua and Barbuda.

  7. The law also gives cabinet the power to charge which can be found in (g) of the regulations below

    Regulations. 4. (1) The Cabinet may make regulations, with respect to Antigua and Barbuda, including the ports and coastal waters thereof, for preventing- (a) danger to public health from ships or aircraft, or persons or things therein, arriving at any place; and the spread of infection, by means of any ship or aircraft about to leave any place, or by beans of any person or thing about to leave any place in any ship or aircraft.
    (2) Without prejudice to the generality of the powers conferred by subsection (I), regulations under that sub- section may, for the purposes therein set forth, make provision for all or any of the following matters- (a) the collection and transmission of epidemiological and sanitary information; the signals to be displayed by ships or aircraft;
    (c) the questions to be answered and information (whether oral or documentary) to be supplied by masters, commanders and other persons who are or have been on board any ship or aircraft or are desirous of boarding any ship or aircraft; the detention of ships or aircraft and of persons who and things which are or have been on board them;
    (e) the destruction of things which are or have been on board ships or aircraft;
    (f) the duties to be performed by masters, commanders and other persons who are or have been on board ships or aircraft or who are desirous of boarding any ship or aircraft;
    (g) authorizing the making of charges and providing for the recovery of charges and expenses;
    (h) the enforcement of the regulations;

  8. Power to make rules

    5. (1) Subject to the provisions hereinafter contained, the Quarantine Authority may make rules for implement- ing or carrying into effect any regulations in force by virtue of section 4 and for supplementing any such regulations as regards any matters for which the Quarantine Authority may deem it expedient to provide with a view to carrying into effect the purposes set forth in subsection (1) of that section. (2) Without prejudice to the generality of the powers conferred by subsection (I), rules under that subsection may, for the purposes therein set forth, make provision for all or any of the following matters- (a) regulating the grant or withdrawal of pratique; (6) regulating the issue of bills of health, certificates, and other documents; (c) the governance of quarantine mooring stations, anchorages and berthing places, and of places where persons or things are detained or taken for examination and of places used for the observation or isolation of persons; (4 the sanitation of ports and aerodromes and their surroundings, including measures for keeping them free from rodents, mosquitoes and other vectors of disease; (1) the conferring on appropriate officers of powers to board ships and aircraft and to enter premises. (3) Regulations made under subsection (1) shall be laid before Parliament and if a resolution is passed by Parlia- ment that the regulations or any of them shall be annulled the same shall thenceforth be void but without prejudice to the validity of any thing previously done thereunder or to the making of any new regulations.

  9. Charges for services

    33. (1) Where the commander of any aircraft is required Charges for by or in pursuance of these regulations to carry out any measures with a view to reducing the danger or preventing the spread of infection, the Quarantine Authority may, at the request of the commander, and, if thought fit, at his costs, cause any such requirement to be complied with instead of enforcing the requirement against the commander. When the Quarantine Authority causes any such requirement to be complied with at the cost of the commander, the Quarantine Authority may require the amount of the charge for the work or a part thereof to be paid to or deposited with the Quarantine Authority before the work is undertaken. (2) The amount of the charge for any work so to be under- taken by the Quarantine Authority shall be such reasonable sum as, to the exclusion of any charge or claim in respect of profit, represents the actual or estimated cost to be incurred by the Quarantine Authority in undertaking the work, so, however, that it shall not exceed the sum of ninety-six dollars unless notice of the proposed charge has been given to the commander before the work is undertaken. (3) All such charges may be recovered against the commander, aircraft owner or his agent. Scale of charges. Further provisions as to expenses and charges. Saving as to mails. The Schedule. 34. The charges to be made in respect of persons under- going quarantine, isolation or observation, and the incidence of such charges, shall be such as are provided for in rules made under the Act: Provided that no charge shall be made for any child under three years of age, and for any child over three years of age and under ten years of age half the prescribed charges shall be payable and shall be payable by and recovered from the person in charge of the child. 35. (1) All expenses and charges referred to in these regu- lations shall be payable to the Quarantine Authority. (2) Where any expenses or charges are payable by the commander of an aircraft to the Quarantine Authority in relation to an aircraft at an aerodrome, the Harbour Master or any Customs Officer on duty at the aerodrome may refuse to clear the aircraft until all liability in respect of the expenses or charges has been discharged..

  10. Quarantine Act (Coronavirus (Covid19) Disease) Order 2020

    Does not replace the quarantine act, it only speak towards covid19 as covid19 was not covered by the Quarantine act and the said act gives cabinet and chief medical officer authority to make regulations to infectious diseases

  11. Chupzzzzzz the author of this post act as if Antigua is the only place in the world that charge people to quarantine. Right next door in St. Kitts is $500.00 USD for quartantine. This guy really don’t have work to do.

    • @Covidiot…what does St. Kitts have to do with Antigua, Barbuda & REDONDA?
      If, you’re going to compare St. Kitts to Antigua, Barbuda & REDONDA, as it pertains to COVID-19, why not start where it matters most i.e. #STIMULUSPAYMENTS.

  12. Not a lawyer please show me under any Regulations where it deal with fees for people who are placed in quarantine. Yes, the Cabinet may make Regulations under the Quarantine Act, Cap. 361 but it has not made any. How then can you charge $100 daily for quarantine when it is not included in any law or regulations. In any case, I still maintain that it is the responsibility of the government to pay for the quarantine of any person.

  14. A fool will always scoff at knowledge, thats why so many people will get enslaved because of their microscopic brains . Not much lawyers will enlighten the public with their rights but the one that do is being ostracized, criticized and demonized. I am convinced alot of people here is hypnotize by politics,that they cant even rationalize.

  15. Tabor the bush lawyer is challenged by a Not a Lawyer who quotes for him all the relevant articles of the law yet Tabor the bush lawyer is asking for the relevant Cap of the Act. I guess bush lawyer doesn’t unerstand the Caps he quoted.
    Tabor I will never challenge you on law, I’m not a lawyer. I leave that to other legal minded people. Just like in Parliament when the opposition sight certain laws the goverment benches have to point them to the rest of the law. The strange thing is Laws should never be read in isolation. Just like biblical quotes. Never take them in ISOLATION. That is what makes a good lawyer. You have so much to learn bush lawyer Tabor. I don’t want to tell you what my good Rotarian friend Sir Gerald told me.

    • FROM THE SIDELINE I see that brilliant you have missed the simple point. The Not a Lawyer can quote all the Caps (Chapters) of the Law he chooses. I ask him a simple question and I am going to ask you the same question — Show me under what Law or what Regulations the government gets the authority to impose a charge of $100 for quarantine. I await you learned answer.

  16. @Charles Tabor…I commend you for taking the fight to the Authorities from a legal perspective.
    It would do the Nation some good, if other attorneys would join you in this battle.
    Kudos to you!
    Yes, the #EpiDEMIC is real.
    Yes, the #PanDEMIC is real.
    Now, the #PlanDEMIC is rearing its ugly draconian head.

  17. Yaaaaawn. Masturbation has once again become the preferred outlet of/for the intellectually pooped.. …. and the year has just begun!! You guys must have fallen hard for the rumour of an Elections 2021 probability! Hahaha!

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