2016: Legal changes you should know about

As we step into the year 2016, there are a set number of legislations which will become effective. Some other major changes to legislations and introduction of new ones have been announced for this year. Here is a brief introduction to the major ones. New Consumer Protection Bill The Minister of Industry and Commerce announced in December that the New Consumer Protection Bill will be introduced in Parliament this year with the aim of better protecting consumers. Minister Ashit Gungah also announced that regulations of bread-making will be reviewed after 27 years. The ministry will also amend regulations regarding automobile imports. Concerning the oil sector, offshore bunkering will begin in the second half of 2016. An EIA [Environment Impact Assessment] is underway for a first company. The construction of a 25,000 metric tons of storage facilities will be accelerated. National Identity Card Act and Data Protection Act It was announced in September that the National Identity Card Act and the Data Protection Act will be amended by the end of January 2016. Étienne Sinatmbou, who was then acting ICT Minister, stated that the fingerprints will be destroyed after use. These will be kept only for a period not exceeding seven days – the time needed to produce the new identity card. National Wage Consultative Council Bill At the opening of Parliament in March, the bill for the setting of a minimum wage will be introduced. This was announced by the Minister of Labour, Soodesh Callichurn in December. “The minimum wage will become a reality,” said the Minister. He even assured that the legislation is being finalised. “The first draft is being reviewed by the Office of the Attorney General,” he stated before promising that all the country’s trade unions would be notified about the developments. The National Wage Consultative Council will comprise of members of government, private sector and trade unions. A tripartite committee will have the task of determining the quantum of the salary compensation or to address several other job-related issues. New Local Government Act The New Local Government Act should be ready by mid-2016. “We want to provide better service, and ensure decentralisation. The bill could be ready by mid-2016,” announced Minister of Local Government, Anwar Husnoo. An inter-ministerial committee chaired by the Deputy Prime Minister Xavier Luc Duval was instituted. Initially, the committee has examined the municipal elections; the number of councillors in each municipality; any changes that may affect the eligibility of candidates and presentation of candidates of both sexes and other issues. Moreover, the Local Government Act 2011 was revised in April 2015. It promotes the participation of elected representatives in the management of local government and enabled the organization of local elections in June 2015. According to information received, the Ministry of Local Government is also interested in Commonwealth countries’ jurisdictions for inspiration. After England, the example of Australia and New Zealand is studied. The major topics around which discussions will take place will be based on practice, finance, distribution of powers, the accounting mechanism, intervention centres, among others. Organic Label Bill The organic label is one of the main projects of the Ministry of Agro-Industry for the non-sugar sector. With the help of United Nations experts of the Food and Agriculture Organisation (FAO), the Ministry of Agro-Industry hopes to establish an official organic label managed by an authority. Minister Mahen Seeruttun announced last November that his Ministry is working with the MSB (Mauritius Standards Bureau) and FAO experts. The report which will be submitted by UN experts will pave the way for the legislation. Mahen Seeruttun also announced that the bill could be presented to the National Assembly in June 2016 and thus launched. “But for a large-scale organic production, it will take more time,” said the Minister. The Financial Crime Commission The Independent Commission Against Corruption will undergo major changes in 2016. The authorities are working on a bill to allow the emergence of the Financial Crime Commission (FCC). This will absorb the Independent Commission Against Corruption (ICAC), the Financial Intelligence Unit, the Asset Recovery Unit and the fight against fraud departments of the Financial Services Commission and the Financial Reporting Council. “This new structure will bring all institutions under one roof so that the work of the fight against corruption can be done in a more structured manner and without duplication. This is to streamline the maximum available resources and better coordinate forces,” explained one the project officers. The anti-corruption commission, however, will still exist as an entity, but will have to answer to the FCC, which should enjoy complete independence. Significant amendments to the Prevention of Corruption Act, which governs the ICAC, will also be brought. New Declaration of Assets Bill The present Declaration of Assets Act dates from 1991. However, the Lepep government wants to come forward with new updated legislation with broader powers. A major element should change with the new law: the public will have the opportunity to view the list of assets of parliamentary members. In addition, the new legislation will involve senior officials, parastatal body officials and members of the judiciary. Electoral Reform and Party Financing An interdepartmental committee was established to look into the various aspects of electoral reform, but also on political party financing. The goal is ultimately to have legislation on the whole issue. The committee has not yet started its work. Police and Criminal Evidence Bill The Police and Criminal Evidence Bill seeks to introduce the need for the police force to review all the evidence before arresting a suspect. This bill will prevent the arrests of those deemed ‘arbitrary’ by the police. Children’s Bill The Childrens’ Bill aims to be a unique and harmonised legislation to better protect the rights of minors. As at date, there exist several laws for the protection of minors namely the Criminal Procedure Act, the Protection Against Domestic Violence Act or the Child Protection Act. However this new law should better define the offences related to minors, whether they are the victims or have committed the offence. Environment Protection Bill Amendments to the Environment Protection Bill will be made, although only few details are known about this. It will be mainly about adapting the recent legislation to developments regarding the environmental protection in the world, especially in the wake of global warming. Disability Bill The Disability Bill intends to end discrimination against disabled people in employment, among others. The bill also aims to better encourage the autonomy of the disabled people by helping them to integrate the world of work.