New radiation safety, foreign reciprocal judgment bills set to be made law

In a bid to regulate and promotethesafeandpeaceful use of ionising radiation, the RadiationSafetyandSecurity Amendment Bill 2022 has passed in the National Assembly with unanimous support. The bill was first read in April 2022 and referred to a

SpecialSelectCommitteefor furtherreview Minister of Health, Dr FrankAnthony,presentedthe bill for its second reading, noting that it provides the legal framework to promote safe,secureandpeacefuluse of ionising radiation, and to protect persons and the environment against the harmful effects of radioactivewaste.

The bill recognises the benefits of ionising radiation in various fields, such as health, energy, agriculture, and industry, but also acknowledgestheimportance of regulating this usage to protect individuals, society, andtheenvironment.

According to the legislation, the board must consist of representatives from various public and private sector agencies, such as the Guyana Revenue Authority, the Ministry of Health, the Environmental

Protection Agency, and the Ministry of Labour This diverse makeup highlights the array of issues the legislation attempts to address, and the widespread impact its implementation willhaveonsociety

With an ongoing explosion of the country’s diagnostic capabilities, the healthministerstressedthatit is also imperative that the country formulates a framework for regulation of ionisingradiation.

The Health Minister, “To ensure that the objectives of this bill are achieved, an independent regulatory authority, called the RadiationSafetyandSecurity Board, will be established. The board collaborated with relevant government agencies to ensure that activities and practices involving the uses of ionising radiation and nuclear energy are used in Guyana for only peaceful purposes.”

“This is the first time in ourcountrythatwehavenow put together legislation to govern the use of ionising radiation So, this is a landmarkpieceoflegislation that will help to keep the people of Guyana safe, and that we will use ionising radiation for the benefit of people,”Dr Anthonysaid.

Thebillwasdraftedbythe Attorney General’s Chambers, in collaboration with the Ministry of Health, theEnvironmentalProtection Agency,andtheInternational AtomicEnergyAgency

Meanwhile, the Foreign Judgment (Reciprocal Enforcement)Bill,whichwill help Guyana recover repayments against internationalcompaniesifno localassetsareavailable,was alsopassed.

The Bill was first introduced to the National Assembly by AttorneyGeneralandMinisterofLegal Affairs,AnilNandlall,SC

The Foreign Judgments (Reciprocal Enforcement)

Amendment Bill 2023, will allowforjudgmentsandcourt orderspassedinGuyanatobe enforceable in foreign countries,andviceversa.

The Attorney General (AG)stressedtheneedforan accommodating legislative framework to support international relations, especially against the backdrop of Guyana’s growing economy, boosted bytheburgeoningoilandgas sector

The AG also highlighted the principle of sovereignty, which dictates that a judgement delivered in one country cannot, in the absence of international agreement, have a direct operation in another This principle, he said, creates barriers to international trade, and this is where the Foreign Judgements Bill comes in, to promote improved international relations.

“This bill is part of that menuofmodernlawsthatare necessary for economic development and foreign investment,”hesaid

The legislation will also allow for cheaper and more efficient litigation since it removes the need for relitigating in foreign countries

“Litigation in any part of the world is expensive, protracted and timeconsuming Intheend,every litigantexpectsthefruitofthe litigation, not only to be efficacious but also effectivelyenforceableasfar andaswideaspossible.This billguaranteesexactlythat,” AGNandlallexplained.

Moreover, he clarified that the principle of reciprocity dictates that the judgments applied in one country will be applied in foreigncountriesinthesame manner

“Once the basis of it is reciprocity, it means that it hastoapplyinthesameway, inaccordancewiththesame principle, in every country acrosstheglobe.”