The Secretary of State for Health and Social Care (Sajid Javid)
With permission, Mr Deputy Speaker, I would like to update the
House on vaccination as a condition of deployment. Last Thursday,
we woke up to a new phase of this pandemic as we returned to plan
A. People are no longer advised to work from home. Face coverings
are no longer mandatory. Organisations no longer have to require
the NHS covid pass. And, from today, there is no limit on the
number of visitors...Request free trial
The Secretary of State for Health and Social Care ()
With permission, Mr Deputy Speaker, I would like to update the
House on vaccination as a condition of deployment.
Last Thursday, we woke up to a new phase of this pandemic as we
returned to plan A. People are no longer advised to work from
home. Face coverings are no longer mandatory. Organisations no
longer have to require the NHS covid pass. And, from today, there
is no limit on the number of visitors allowed in care homes.
Week by week, we are carefully moving our covid response from
being one of rules and restrictions back to being one of personal
responsibility. We are able to do this because of the defences
that we have built throughout this pandemic—in vaccines and
antivirals, in testing and surveillance.
We know, of course, that covid-19 is here to stay. While some
countries remain stuck on a zero-covid strategy and others think
about how they will safely open up, here we are showing the way
forward and showing the world what successfully living with covid
looks like. The principle we are applying is the same principle
that has guided our actions throughout this pandemic, and that is
to achieve the maximum protection of public health with the
minimum intrusion in people’s everyday lives. To me, that is what
learning to live with covid is all about.
Even with this progress, we must of course remain vigilant. While
overall cases and hospitalisations continue to fall, we are
seeing rises in cases in primary and secondary schoolchildren.
Part of living with covid means living with new variants and
subvariants. Our world-class health surveillance operations are
currently keeping a close watch on a subvariant of omicron called
BA.2, which the UK Health Security Agency has marked as a variant
under investigation—one below a variant of concern. Some 1,072
genomically confirmed cases of BA.2 have been identified in
England. While early data from Denmark suggests that BA.2 may be
more transmissible, there is currently no evidence that it is any
more severe. In addition, an initial analysis of vaccine
effectiveness against BA.2 reveals a similar level of protection
against symptomatic infection compared with BA.1—the original
variant of omicron—which underlines, once again, the importance
of being vaccinated against covid-19 and the imperative to get
the booster if you are eligible.
Nowhere is vaccination more important than in our health and
social care system. Throughout this pandemic, we have always put
the safety of vulnerable people first, and we always will do. It
has always been this Government’s expectation that everyone gets
vaccinated against covid-19, especially those people working in
health and social care settings, who have a professional duty to
do so. When designing policy, there will always be a balance of
opportunities and risks, and responsible policy making must take
that balance into account.
When we consulted on vaccination as a condition of deployment in
health and wider social care settings, the evidence showed that
the vaccine effectiveness against infection from the dominant
delta variant was between 65% and 80%, depending on which of the
vaccines people had received. It was clear that vaccination was
the very best way to keep vulnerable people safe from delta
because, quite simply, if you are not infected, you cannot infect
someone else. Balanced against this clear benefit was the risk
that there would always be some people who would not do the
responsible thing and would choose to remain unvaccinated—and, in
doing so, choose to walk away from their jobs in health and care.
Despite its being their choice to leave their jobs, we have to
consider the impact on the workforce in NHS and social care
settings, especially at a time when we already have a shortage of
workers and near full employment across the economy.
In December, I argued—and this House overwhelmingly agreed—that
the weight of clinical evidence in favour of vaccination as a
condition of deployment outweighed the risks to the workforce. It
was the right policy at the time, supported by the clinical
evidence, and the Government make no apology for it. It has also
proved to be the right policy in retrospect, given the severity
of delta. Since we launched the consultation on vaccination as a
condition of deployment in the NHS and wider social care settings
in September, there has been a net increase of 127,000 people
working across the NHS who have done the right thing and got
jabbed, becoming part of the 19 out of 20 NHS workers who have
done their professional duty. During the same time, we have also
seen a net increase of 32,000 people getting jabbed in social
care—22,000 people in care homes and 10,000 people working in
domiciliary care.
I am grateful to the millions of health and care colleagues who
have come forward to do the right thing, and the health and care
leaders who have supported them. Together, they have played a
vital part in raising our wall of protection even higher, and
keeping thousands of vulnerable people out of hospital this
winter.
When we laid the November regulations, the delta variant
represented 99% of infections. A few short weeks later, we
discovered omicron, which has now become the dominant variant in
the UK, representing over 99% of infections. Incredibly, over a
third of the UK’s total number of covid-19 cases have happened in
just the last eight weeks. Given that delta has been replaced, it
is only right that our policy on vaccination as a condition of
deployment be reviewed. I therefore asked for fresh advice,
including from the UK Health Security Agency and England’s chief
medical officer.
In weighing up the risks and opportunity of this policy once
again, there are two new factors. The first is that our
population as a whole is now better protected against
hospitalisation from covid-19. Omicron’s increased infectiousness
means that at the peak of the recent winter spike one in 15
people had a covid-19 infection, according to the Office for
National Statistics. Around 24% of England’s population has had
at least one positive covid-19 test, and as of today in England
84% of people over 12 have had a primary course of vaccines and
64% have been boosted, including over 90% of over-50s. The second
factor is that the dominant variant, omicron, is intrinsically
less severe. When taken together with the first factor—greater
population protection—the evidence shows that the risk of
presentation to emergency care or hospital admission with omicron
is approximately half of that for delta.
Given those dramatic changes, it is not only right but
responsible to revisit the balance of risks and opportunities
that guided our original decision last year. While vaccination
remains our very best line of defence against covid-19, I believe
that it is no longer proportionate to require vaccination as a
condition of deployment through statute. So today I am announcing
that we will launch a consultation on ending vaccination as a
condition of deployment in health and all social care settings.
Subject to the responses and the will of this House, the
Government will revoke the regulations. I have always been clear
that our rules must remain proportionate and balanced, and of
course, should we see another dramatic change in the virus, it
would be only responsible to review the policy again.
Some basic facts remain. Vaccines save lives, and everyone
working in health and social care has a professional duty to be
vaccinated against covid-19. So although we will seek to end
vaccination as a condition of deployment in health and social
care settings using statute, I am taking the following steps.
First, I have written to professional regulators operating across
health to ask them to urgently review current guidance to
registrants on vaccinations including covid-19 to emphasise their
professional responsibilities in this respect. Secondly, I have
asked the NHS to review its policies on the hiring of new staff
and deployment of existing staff, taking into account their
vaccination status. Thirdly, I have asked my officials to consult
on updating my Department’s code of practice, which applies to
all Care Quality Commission-registered providers of healthcare
and social care settings in England. They will consult on
strengthening requirements in relation to covid-19, including
reflecting the latest advice on infection protection control.
Finally, our vital work to promote vaccine uptake continues. I am
sure that the whole House will join me in thanking NHS trusts and
care providers for their relentless efforts in putting patient
safety first. I also thank the shadow Health Secretary and the
Opposition for their support of the Government’s approach to this
policy area. One of the reasons that we have the highest vaccine
uptake rates in the world is the confidence in our vaccines that
comes from this place and from both sides of the House. We may
not agree on everything, but when it comes to vaccination,
together we have put the national interest first. It is now in
our national interest to embark on this new phase of the
pandemic, when we keep the British people safe while showing the
world how we can successfully learn to live with covid-19.
I commend this statement to the House.
6.29pm
(Ilford North) (Lab)
I thank the Secretary of State for advance sight of his
statement, and also for his regular contact and briefings on this
issue at both ministerial and official level. He is right to say
that Labour worked with the Government to ensure maximum take-up
of the vaccine across health and social care, and we do not
regret that decision. Indeed, we welcome the decision that he has
come to today.
Let me be clear from the start: vaccines are safe, effective, and
the best defence that we have against the virus. Whether
compulsory or not, it remains the professional duty of all NHS
and care workers to get themselves vaccinated, just as it is the
duty of all of us to protect ourselves, our loved ones, and our
society from the greater spread of infections and
hospitalisations, and from the need for harsh restrictions that
impact on our lives, livelihoods and liberties. The debate over
this policy is about whether the state should mandate the vaccine
for health and care staff, or whether it should take a voluntary
approach. It is not a discussion about the need to get
vaccinated, the arguments for which are overwhelmingly one-sided.
With five million people in the UK still to have their first jab,
we cannot afford to take our foot off the pedal in getting the
message out.
Labour Members supported the initial policy in early December.
Since then we have seen a significant increase in vaccinations
among NHS staff, with tens of thousands more staff now protected.
I say an enormous thank you to the NHS trusts that worked
tirelessly to persuade hesitant staff of the need to get
vaccinated, and to those colleagues who have given up
considerable time to have supportive conversations with their
peers. I thank the health unions and royal colleges which,
despite their misgivings about the mandatory nature of the
policy, nonetheless did everything they could to encourage their
members to get vaccinated.
Clearly, things have now moved on, in terms of both our overall
levels of infections, and in our understanding of this latest
variant. It has also become clear that to follow through with
this policy could see tens of thousands of staff forced to leave
their roles, at a time when our health service is already
understaffed and overstretched—indeed, that has been a particular
anxiety on these Benches and right across the House. However,
efforts must continue to persuade those staff who are still
hesitant.
What lessons have the Secretary of State and his Department
learned from the Welsh Government, where 95% of staff were double
jabbed by November without any mandate? What can we learn from
the Welsh Government’s approach to persuasion, and how can we
emulate their success? In light of today’s decision, it is all
the more important that health and care workers are empowered to
do the right thing and isolate when they need to, without the
fear of being unable to feed their families. One in five care
homes do not pay staff their full wages to isolate. If we are to
learn to live well with covid, that must change. Labour’s plan
for living well with covid includes making all workers eligible
for proper levels of sick pay. Why have the Government still not
sorted this? I appreciate that those are also Treasury issues,
but that approach is penny-wise and pound-foolish when it comes
to protecting public health.
The Labour party supported this measure in December, put the
national interest before party politics, and made sure it had the
votes needed to pass through the House. We understand the
difficulties faced by the Government in coming to today’s
decision, and we will continue to be as constructive and helpful
as we can be in a national crisis, just as Labour has been
throughout the past two years. I welcome very much what the
Secretary of State said this afternoon about welcoming Labour
support for this policy, and indeed about our wider support for
the vaccination roll-out, but let me end on a point of criticism,
which is not in any way levelled at the Secretary of State. Given
the way that the Labour party has handled its approach to the
pandemic response, and the constructive way that we sought to
work with the Government, it is not unreasonable to expect the
Prime Minister, and others in his party, to stop pretending that
that has not been the case. Perhaps he might stop seeking to turn
the pandemic—the greatest threat we have faced to our nation for
more than 70 years—into a party political mud fight. Surely we
can do better than that, and I would like to think that the
Secretary of State and I have been leading by example.
Once again, I thank the hon. Gentleman for his approach to this
policy area and to vaccinations in general. He is absolutely
right in the comments he has made on that and the importance of
working across the House and working together on such an
important issue in the national interest, as he has done. I very
much welcome that approach. Not all countries take such an
approach to such an important issue, and they have sadly paid a
price for that. I believe that one of the reasons we have such
high vaccine uptake in this country is the cross-party approach
that has been taken, and I thank him once again for that.
The hon. Gentleman is also right to point to the safety and
effectiveness of the vaccines, as independently set out by our
world-class regulator, the Medicines and Healthcare products
Regulatory Agency, and other reputable regulators across the
world. No one should doubt the safety and effectiveness of the
vaccines. It is because of the success of this country’s
vaccination programme that we are able to open up again in the
way that we have and to start returning to normal life.
Very importantly for the people we are talking about today—the
fantastic people working in the NHS and across social care—one of
the key reasons we have been able to keep down the pressure on
the NHS in particular is that so many people have come forward
and got vaccinated. That is why it remains troubling that some
people, in particular in the NHS, still refuse to get vaccinated,
even when they know it is safe and effective, and do not do the
responsible thing and act in a professional way.
We will keep going to work with those people in a positive way to
try to persuade them about the benefits of vaccination and to
provide them with the information they need. We will continue
with the work of one-to-one meetings with clinicians if necessary
and encouraging them to make that positive choice, but it will be
about encouragement and helping them to come to the right
decision. We will learn and look at what other parts of the UK
have done in making sure that we have the very best practice and
have learned from each other.
Finally, on the point that the hon. Gentleman raised about sick
pay, I understand what he is saying. I just point to the fact
that we have kept rules in place to allow sick pay to be claimed
from day one, and a hardship fund is in place to give extra
support where needed.
(South West Surrey) (Con)
My right hon. Friend knows that my instinct is to support him in
the very difficult decisions he has to take in a pandemic, and I
think he is doing an excellent job, but I have some concerns
about today’s announcement. I think they may not be shared widely
in the House, so I hope colleagues will indulge me if I explain
why. Frontline workers have done an extraordinary job in this
pandemic, but I have yet to meet a single one who believes that
anyone in contact with patients has a right to put them at
increased risk by not having a vaccine, unless there is a medical
exemption. My concern is that having marched the NHS to the top
of the hill and having won a very important patient safety
argument, we are now doing a U-turn. What will happen the next
time the Secretary of State wants to introduce an important
vaccine, for example for flu, and make it mandatory? Is not the
real reason that we have made this decision that we have a
staffing crisis that the Government have still not brought
forward their plans to address? When will those plans be brought
forward?
My right hon. Friend speaks with great experience, and I have the
utmost respect for him, especially given the many years he spent
successfully running this Department. I understand what he says,
and I hope he will understand, having listened carefully to the
statement, that when the facts change, it is right for the
Government to review the policy and determine whether it is still
proportionate. Many things have changed in the past couple of
months with respect to covid, but the one big thing that has
changed is that since this policy was originally implemented, we
have moved from 99% of covid infections being delta to 99% being
omicron. That is why we have had to change approach.
(Linlithgow and East Falkirk)
(SNP)
I am grateful to the Secretary of State for his statement and for
advance sight of it. I welcome the intention to U-turn on
vaccination as a condition of employment. I have never supported
mandatory vaccination for workers—a policy that, I am pleased to
say, Scotland has avoided going down. Adding a further 70,000 or
more vacancies to the existing 100,000 in NHS England would be a
serious act of self-sabotage.
Vaccines remain one of the best defences against covid-19, as
they reduce the likelihood of infection and therefore break the
chain of transmission, and are something we should all continue
to encourage. The Scottish Government have pursued an “educate
and encourage” strategy in their vaccine roll-out, which has
resulted in a higher vaccine take-up to date through entirely
voluntary means. The five most vaccinated areas in the UK are all
in Scotland.
Why are the UK Government taking so long to drop their damaging
policy and adopt the Scottish practice? When will the
consultation conclude and a decision finally be made? The UK
Government’s vaccination mandate may have alienated many NHS
staff, so what will be done to repair relations and encourage
continued voluntary vaccine take-up?
The hon. Gentleman is right to draw the House’s attention to the
importance of vaccination, as other Members have done. As was
reflected in his remarks, it is the UK’s first line of defence
against covid. Thankfully, the UK has put in place many other
defences, such as the antivirals that are used across the UK and
our testing and surveillance regime, but vaccines are the first
line of defence. He is right to talk about encouraging as many
people as we possibly can to take up the vaccine if they have so
far not done so, whether they work in health and social care or
otherwise. He is right that the best general approach is to
educate and inform, and that is what we will continue to do.
(Tatton) (Con)
What a disappointment this statement is. Having read the
newspapers, I was hoping to be able to come here and congratulate
the Secretary of State on the Government’s recent conversion to
common sense in halting the mandatory vaccination of NHS workers.
Instead, he is making a half-and-half decision today, knowing
that the sword of Damocles hangs over those 100,000 NHS workers,
because they have to have their first vaccination on Thursday. He
will then be sending them on a pathway to unemployment, along
with the thousands of care workers who have already lost their
jobs. What I want to know is what he is now going to do to help
those thousands of people get a job, and what compensation he
will pay them.
I am happy to clarify the point raised by my right hon. Friend.
The Government have made a decision on this matter, which I hope
I was very clear about in my statement, but for statutory reasons
there needs to be a consultation. There will be a two-week
consultation and then a statutory instrument will be presented to
the House and will be subject to the will of the House.
The Government have made their decision on this, and the
Department will write today to all NHS trusts and contact care
home providers and wider social care settings, such as
domiciliary care, to make it clear that the deadline my right
hon. Friend referred to is no longer applicable. I am very happy
to make that clear. She has raised an important point. While the
decision is subject to this House, there will be no further
enforcement of the regulations, for the reasons I have set out
today.
(York Central)
(Lab/Co-op)
The Health Secretary has not only bullied and threatened NHS
staff at a time when they are so fragile, but ignored the royal
colleges and all the trade unions when they said that the initial
statutory instruments should not have been made. In fact, he has
not made it clear today that both will be withdrawn, so I ask him
to make that clear. I also ask him to say whether or not all
those staff who have lost their employment to date will be
reinstated with continuity of employment, including their
pensions and other conditions?
I am happy to answer those questions. First, the Government’s
decision is to revoke both statutory instruments; I am happy to
confirm that. On those who, following the statutory instrument on
care home settings, chose not to get vaccinated and preferred to
leave their job than do the professional thing and get
vaccinated, that was their choice, and that does not change. That
policy was right at the time—I have set out the reasons
why—because the dominant variant was delta. Should those people
choose to apply for a job in a care home once the restrictions
have been lifted, that is a decision for them. However, I
continue to encourage them to make the right positive decision
and get vaccinated.
(Broxbourne) (Con)
I promised my wife that I would stop being angry, but I just
cannot. Long before vaccines existed, these people who we cast as
pariahs were day in, day out, coming into hospitals and care
homes and holding the hands of the dying because their children
and grandchildren could not. They were doing that while most
people in this House were sitting on their backsides safely at
home. Now, by all means, let us encourage people to get vaccines,
but the language used, suggesting that these people who, for
whatever reason—they may have needle phobia, like me—have chosen
not to get vaccinated are somehow deserving of our bile is a
disgrace. It does not reflect badly on them; it reflects badly on
us.
What I hear from my hon. Friend, and I very much agree, is that
vaccines are safe and effective. They remain our most important
weapon in fighting the pandemic and, as more people come forward
and choose to get vaccinated, that is not only good for them but
right for the rest of society, their loved ones and everyone else
around them. That is especially so if the people around them—they
might be in a care setting or a hospital—are more vulnerable than
most of the population. The best way forward is therefore to
encourage everyone now to continue to think of the vaccine in
that positive, sensible way and to come forward.
(St Albans) (LD)
I welcome this change of tack because I, like many others,
opposed the compulsory vaccination policy. However, I fear that,
in the care sector, the damage has been done—there are reports
that about 40,000 people have already left—and it is damaging
patient safety. With the change of tack, will the Secretary of
State tell us his plans to get more carers quickly into the
sector? With regard to the shortage occupation list, how many
carers does he hope to recruit, and by when?
I thank the hon. Lady for that good question. She referenced
40,000 people having left care homes as a result of vaccine as a
condition of deployment, and I can give her more information on
that. While there is no exact data because care homes are
independent and the people who work in them are not employed
directly by the state, the Department’s best estimate, which is
from the industry, is that the change in workforce during the
final half of last year was a fall of 19,300. We do not believe
that the 40,000 number is representative—the best proxy number is
19,300. Having said that, no one would want to see anyone leaving
the care home sector when, as she rightly identified, we need
more people coming forward. That is why we put in place a £162.5
million retention fund before omicron, and we have added to that
fund by more than £300 million during omicron. We are also
supporting the sector in having the largest recruitment campaign
that it has ever run.
(Wokingham) (Con)
I welcome the change of policy. In order to reassure both
patients and staff about safety, what progress can the Secretary
of State report to the House on better air extraction, air
cleaning and ultraviolet filtration? I think that we need to
control the virus without telling people exactly what they have
to do in their own health treatments.
As always, my right hon. Friend has asked a very good question.
He will know that infection protection control measures have been
in place during the pandemic; they change along with the pandemic
over time, depending on the risk profile, and that applies to
care settings. The Government have supported care homes with
hundreds of millions of pounds to make adaptations and changes
and to implement these measures, and I know that many care
settings have taken advantage of those funds to provide, for
instance, air filtration and ventilation. That is the kind of
support that the Government will continue to give.
(Leeds Central) (Lab)
This has always been a difficult issue, because it involves
balancing two different sets of rights, and I think that the
Secretary of State has made a sensible choice. He talked about
changing circumstances, but the one thing that has not changed is
the fact that a considerable number of NHS staff remain
unvaccinated. In reaching this decision, what representations did
he receive from NHS leaders about the impact that those staff
having to leave—which they will not now have to do—would have on
the ability of the NHS to cope, and was that a factor in the
reaching of the decision? I think most of us sitting here today
know that it probably was.
I hoped that my statement had been clear enough to answer a
question such as that asked by the right hon. Gentleman, but I am
happy to emphasise what I said earlier. As I said, when coming to
any decision, but certainly this decision, we must bear in mind
that there are benefits and there are costs. The costs to which I
referred related to the fact that obviously some people would no
longer be employed in the NHS or in care settings, and that
balance remains important. Because of the change in the variant
and real change in the benefit part of the equation, the scales
tilted, and that is why I no longer think that the policy as set
out is proportionate.
(Penistone and Stocksbridge)
(Con)
I welcome my right hon. Friend’s statement, and thank him for
listening to those of us on both sides of the House who have
raised concerns about this policy. Of course it is right to
change policy in the light of new evidence—particularly, in this
case, the evidence that omicron is less severe and that vaccines
are no longer as effective in reducing transmission. However, as
reducing transmission was the only reason for pushing ahead with
the vaccination of children, will the Secretary of State now
commit himself to a review of that policy, given that children
are at almost no risk from covid but there are small but
potentially significant risks, both known and
unknown—particularly to boys—from covid vaccinations?
I thank my hon. Friend for her introductory remarks. As for her
question about children and vaccines, she will know that when it
comes to vaccination in general, we take advice from the expert
committee of the Joint Committee on Vaccination and Immunisation,
which, as she would rightly expect, keeps vaccination decisions
under review at all times.
(Islington North) (Ind)
I hope that the Secretary of State can recognise the very
important message given by the unions and the royal colleges only
seven weeks ago about the short-sightedness of a compulsion
policy, which would drive people—vital workers—out of the care
sector and the NHS. I hope that we will never go down the road of
compulsory vaccination. I support vaccination, but persuasion is
much more powerful than compulsion. Persuasion, when people
understand it, is a far more powerful message to get across.
Will the Secretary of State tell us what is the cost of each
vaccine to each resident of this country, what is the cost of its
manufacture, and whether he has any plans for the patent to be
moved into public ownership so that the massive profiteering from
these vaccinations can end and the public can get the benefit of
it?
Where I agree with the right hon. Gentleman is on the importance
of persuasion in vaccination. Where I am afraid I disagree with
him is on the idea that public ownership of patents connected
with vaccinations or drug development in general would help. In
fact, I think it would be a backward step and we would not see
the innovation that has saved lives.
(New Forest East) (Con)
Many patients in hospital will presumably be protected by having
undertaken their own vaccination process, but some will be
clinically extremely vulnerable because of compromised immune
systems. Is the Secretary of State saying that these people are
at no greater risk of being made seriously ill or dying as a
result of coming into contact with unvaccinated frontline staff?
If they are at greater risk, is there something else that can be
done to lessen that risk, such as a testing regime, before that
contact takes place?
That is another good question from my right hon. Friend. I will
say two things. First, this is not about zero risk; it is about
less risk. What I am saying is that, based on the advice that I
have received and for the reasons that I set out in my statement,
whether or not someone is immunosuppressed, omicron, in general,
represents less risk. It is also right to ask whether other
measures could be taken to provide additional support. Yes, they
can, which is why I have asked the NHS to review its own policies
on the deployment of staff in certain settings, and that would
include interaction with the most vulnerable patients.
(Norwich South) (Lab)
I thank the Secretary of State for today’s U-turn. I know that
many of my constituents, both NHS staff and patients, will be
deeply grateful for it. We all wanted to see as many NHS staff as
possible take up the vaccine, but no one wanted to see people
being forced to take the vaccine, especially after all that they
have done for us. Can the Secretary of State promise the House
that, if there are future outbreaks, he will listen to the
overwhelming body of public health evidence, which says that
carrot, not stick, persuasion, not enforcement, has better
results when it comes to vaccine take-up?
This Government will always listen to the evidence and be guided
by it, as they have been today.
(Bexhill and Battle) (Con)
Unlike a number of my colleagues here, I did actually vote in
favour of these measures back in December. I did so because I
felt that it was important that those going into hospital had the
reassurance that those caring for them were fully protected. I
understand the Secretary of State’s point that the matter has now
changed, but I regret that that is so, because I still feel that
my vote was the correct one. May I ask my right hon. Friend this
specific question just to assist me to get to the right place
with him? He mentions that he asked for fresh advice from the
health regulators, and no doubt they advised that this was no
longer proportionate in these changed circumstances. Did that
precipitate a change in the legal position—that being one of the
limbs for judicial review—which means that there is a legal
requirement for our having to change course as well?
I understand my hon. Friend’s question. When the evidence
changes—or, in this case, the change in the variant from delta to
omicron—Ministers receive different advice. That advice always
comes with up-to-date legal analysis as well, and that legal
analysis is certainly taken into account when making a
decision.
(Liverpool, Wavertree)
(Lab)
Like the hon. Member for Broxbourne ( ), I too am angry. I am angry
because, in December last year, I twice asked the Secretary of
State to pause and let us do this via consensus, rather than by
making it mandatory. The language we use in this place is
extremely important, and the Secretary of State has spoken this
evening about care workers and their “choice” to be sacked. What
I say is that they did not choose to be sacked. This Government
chose not to give them appropriate personal protective equipment
at the height of the pandemic. This Government chose to discharge
elderly patients into care homes at the height of the pandemic.
That is the real choice that this Government have made. Will the
Secretary of State re-evaluate? Will he go back and apologise to
those care workers, some of the lowest paid in our labour market,
and ensure that they have continuity of service and of pension
contributions?
Where the hon. Lady and I will absolutely agree is on the service
that we have seen as a country from care home workers and
domiciliary care workers over the pandemic. It has been the test
of a lifetime for anyone working in that sector and each and
every one of those people has risen to that challenge and
provided the best care that they could in the most difficult
circumstances. As the hon. Lady will know, there is an inquiry
into the pandemic, where I am sure that many of the issues will
be looked at, such as whether better support could have been
provided under the circumstances. Looking ahead, however, it is
important that we continue to do everything we can to continue to
support that vital sector.
(Mansfield) (Con)
I welcome the Secretary of State’s decision, which is important
for the continuity and delivery of our local services. We were
faced with losing more than 3,000 health and care staff in
Nottinghamshire alone in a few weeks’ time, so this will
massively take the pressure off come March and April. I urge him
to go further if possible: I do not think it is fair to present
the decision that care home workers made in November as leaving
by choice. The truth is that we need those staff and more if we
are to implement the reforms that the Government are asking the
care sector to deliver on at a local level in the coming months,
rather than having to focus all our energy on everyday
firefighting. Will he change the view that he has stated so far,
reach out to those staff and try to help them back into the
sector?
Yes, I agree with my hon. Friend. As I said, we need more people
in care and in the NHS. We have a waiting list in both sectors.
There are many people out there who will have experience and will
want to do that. He asked whether we can work with the sector to
reach out and to support and help people to re-enter it where
they wish to do so. Of course we can. At the same time, we can
continue to give any information that may be helpful and
necessary to help to persuade those who remain unvaccinated to
make that positive choice and get vaccinated.
(Hammersmith) (Lab)
My hospital trust, Imperial College, has done its best to care
for staff in the past two years. Like other trusts, it has found
it difficult to implement what was, until a few moments ago,
Government policy, but it did so because it was good clinical
practice to protect its patients and it gave confidence to the
general public, who might say, “Why should I get vaccinated if my
doctor won’t?” What advice does the Secretary of State have for
the hospitals and care homes, and their staff and ex-staff, who
may now feel betrayed?
I will say two things to anyone involved in NHS trusts,
especially those who were leading the campaign to encourage their
colleagues to get vaccinated. First, I say a huge thanks for what
they have done and what they have achieved so far. I mentioned
earlier that, since we consulted on the original regulations,
127,000 more people across the NHS have been vaccinated, which
represents in total some 19 out of every 20 employees in the NHS.
That is a phenomenal achievement. My thanks go to all those
working in the NHS who have helped to make that happen and are
still helping to make that happen.
Secondly, I say to those people that their work, with our
support—the support of the Government and my
Department—continues. Despite the changes today, for the reasons
that I have set out, it is still hugely important to get
vaccinated. We must keep reaching out positively to those who
have not yet, for whatever reason, chosen to do so by helping
them to make the right decision.
(Bolton West) (Con)
I welcome my right hon. Friend’s statement. He made several
references to conditions of employment and he finished by asking
regulators, “to urgently review current guidance to registrants
on vaccinations”.
What will he do to ensure that that does not become a compulsion
for vaccinations by other means?
The regulators I referred to are independent, so all I can do is
ask them to review their regulations. My hon. Friend might be
aware that some regulators, such as the General Medical Council,
already have requirements for vaccinations in certain settings,
which is a decision for them. As he will know, however, the
independent regulators usually set out guidance and allow some
flexibility in how it is interpreted in certain settings.
(Isle of Wight) (Con)
I thank the Secretary of State for this decision. I opposed the
policy in December for reasons that have been eloquently laid out
by Members such as my hon. Friend the Member for Broxbourne
( ), although I was respectful
of the Government’s position. Overall, persuasion is better than
coercion, and honesty is better than the manipulative games that
we now hear the nudge unit was playing and that were entirely
counterproductive. Will the Secretary of State reassure me that,
now we have some breathing space, we can do a bit of forward
thinking and prepare a plan for this winter that protects the
vulnerable and enables the NHS to continue to treat people but
does so without resorting to lockdowns? The idea that lockdown is
a cost-free, risk-free option is absolutely untrue, as we have
now seen from the 100,000 children who have come off school rolls
and disappeared. Lockdown carries an extraordinarily heavy price,
and frankly a lot of the modelling and forecasting behind it have
been extremely flawed.
If we look at the experience from the omicron wave, we can see
that we had the fewest restrictions on people’s freedom of any
large country in Europe, yet we have been the first country to
come out of the omicron wave and hit the peak. I believe the main
reason for that is that we rightly focused on pharmaceutical
defences: vaccines in particular, of course, as well as
antivirals and testing. There is a lot to be learned from
that.
(Wycombe) (Con)
Though we may have arrived here by different routes, I am
grateful that today my right hon. Friend and I agree on this
policy area. We also agree that vaccination is the better choice
for everybody for whom it is safe if they do not have a
pre-existing condition. Can I just pick up the issue of language?
He has used a range of tones when talking about people. He has
used some quite soft language about persuasion, and we have heard
a range of perspectives on that, but he has also used some very
strident language, which my hon. Friend the Member for Broxbourne
( ) criticised—rightly, I
think. Can I ask my right hon. Friend to set out for the House
what his attitude is to the issue of bodily autonomy and using
the law to compromise it? If he does respect people’s bodily
autonomy, can I ask him please to select language that is
respectful of that choice?
I am pleased that my hon. Friend and I agree on what has been set
out today, but he is right to raise what he has said in the way
that he has. Language is vitally important, especially on issues
of this great significance, when we are asking people to be
injected with something, to put a needle to themselves and to get
vaccinated, for all the right reasons. Of course some people will
be more resistant than others to doing that, for whatever reason,
and will have some kind of hesitancy. It is our duty to work with
them. I am sure my hon. Friend will agree that when we reach for
a statute in relation to vaccination, there needs to be a very,
very high bar. He has heard me say at this Dispatch Box more than
once that I would never support universal vaccination or any kind
of statute. This policy I have talked about today required a very
high bar to be reached. At the time we introduced the policy, I
believed that the bar was reached, for the reasons I have set out
about protecting vulnerable people. Now I believe it would be
disproportionate, and that is why I have set this change out
today. What has not changed is the importance of vaccination, and
for those people who can get vaccinated and who are not medically
exempt from it for some reason, we should continue to work
together across this House to encourage them to do so and work
with them in the most positive way possible, because they would
be better off and we would all be better off.
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