I AGREE with Dr Khoo Yoong Khean that 2021 will be crucial, but not just for the Health Ministry. To untangle the country out of the pandemic, it is the leadership that needs an immediate, middle- and long-term response – a national Covid-19 plan, if not a national public health plan.

Khoo’s article rightly captures what needs to be done. It’s like an executive summary of a national plan with a fitting conclusion: the “nation’s foundation must be rooted in an efficient, accessible and sustainable healthcare system.”

An efficient, accessible and sustainable health system is indeed the most effective long-term preparedness strategy for public health emergencies or crises.

However, as the World Health Organisation (WHO) and others have stressed, promoting and developing such a system must include not only the physical structures of public health agencies, clinics and hospitals and the human resources to operate them, but also the legal infrastructure – the laws and policies that empower, obligate and limit government and private action concerning health. [Geraldine Marks-Sultan et al, “National public health law: a role for WHO in capacity-building and promoting transparency” (Bulletin World Health Organisation WHO, Geneva 2016)]

Yes, the law matters for an efficient, accessible and sustainable healthcare system. Modern healthcare system cannot be effective without the law.

Sadly, even as no fewer than 10 bills were passed at the recent Parliament sitting, which was adjourned sine die on December 17, none concerns public health law, as the law is often referred to.

To be sure, the 10 bills tabled and passed were the Supply Bill 2021; the Finance Bill 2020; Temporary Measures for Government Financing (Coronavirus Disease 2019 (Covid-19) (Amendment) Bill 2020, Customs (Amendment) Bill 2020, Excise (Amendment) Bill 2020, Free Zones (Amendment) Bill 2020, Sales Tax (Amendment) Bill 2020, Service Tax (Amendment) Bill 2020, Tourism Tax (Amendment) Bill 2020, and Cooperative Societies (Amendment) Bill 2020.

Can we learn from countries like New Zealand?

Like Malaysia, the Kiwi nation went early and hard to fight the virus. But unlike Malaysia whose Parliament went into a lockdown like the rest of the country, the government led by Prime Minister Jacinda Ardern recognised and accepted the need for unprecedented responses or actions, including a new law even as it would impact on freedoms and liberties of the people. That said, the existing law on public health was also identified as needing to be “modernised and adapted”.

Its legislature did not go into a lockdown. The country’s legislation and key documents, as can be seen here show how the country has put in place the legal framework for an effective response to the Covid-19 pandemic.

Is it any wonder that New Zealand is among the top five countries that handled the pandemic best?

The statistics, as at January 6, 2021, speak for themselves.

Yes, each country is unique, but common themes have emerged globally: the law is an indispensable tool in times of public health emergencies and crises. – January 7, 2021.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.