Photo/Illutration Liberal Democratic Party Secretary-General Toshihiro Nikai, fourth from left, meets on Jan. 28 with Tetsuro Fukuyama, second from left, his counterpart in the opposition Constitutional Democratic Party of Japan. (Kotaro Ebara)

The Liberal Democratic Party on Jan. 28 deleted criminal penalties from proposed legal revisions to deal with COVID-19 following widespread criticism of the threat and embarrassment caused by the behavior of ruling coalition lawmakers.

In discussions with the main opposition Constitutional Democratic Party of Japan, the LDP retracted all proposed criminal penalties against COVID-19 patients who refuse to be hospitalized or are unwilling to cooperate with authorities to trace infection routes.

In addition, the maximum proposed fine against businesses that reject prefectural authorities’ requests to shorten their operating hours was reduced sharply.

The compromises mean that Diet deliberations on the legislation will begin in the Lower House on Jan. 29. The Diet is expected to pass the bills to revise the special measures law to combat the novel coronavirus pandemic as well as the Infectious Diseases Prevention Law on Feb. 3.

Under the amended provisions, COVID-19 patients who refuse hospitalization or leave without permission will be given a maximum administrative fine of 500,000 yen ($4,800). Refusal to cooperate in tracing the infection route without a good reason could lead to a maximum administrative fine of 300,000 yen.

Supplementary provisions to the legislation also call on the central government to make expedient reports to the Diet when it takes action under the special measures law.

Government officials will also have to make efforts to provide additional financial support to businesses hurt by the COVID-19 health crisis under the revised law.

When discussions between the ruling and opposition parties on the legislation began on Jan. 26, reports surfaced of coalition lawmakers visiting night clubs in the Ginza district of Tokyo, which is still under a state of emergency. Bars and restaurants in the capital have been asked to close operations early to prevent the spread of the virus.

Opposition lawmakers blasted those actions, and the bad timing of the visits led in part to the major compromise by the LDP.

A public opinion poll conducted by The Asahi Shimbun on Jan. 23 and 24 also found 50 percent of voters opposed the criminal penalties for non-compliance, compared with 40 percent who approved the measures.

Moreover, only 25 percent of respondents gave a positive assessment of the government’s handling of the novel coronavirus pandemic.

Various organizations on the front lines in the battle against the novel coronavirus also criticized the proposed criminal penalties.

In a statement issued on Jan. 26, the Japan Academy of Public Health Nursing said the threat of penal punishment could prompt infected people to hide their symptoms and refuse testing, leading to a further spread of the virus.

Even after the LDP’s compromise, some public health experts were still raising doubts about the effectiveness of the new measures, including the administrative fines.

It will be up to prefectural governors and local public health offices to handle procedural matters related to imposing and collecting the fines.

“Our workload will increase,” a public health expert said. “I have doubts over whether it will help prevent the spread of the disease.”

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