It is a pleasure to follow the hon. Member for Tooting (Dr Allin-Khan). I am delighted that the Official Opposition share my view and that of many of my colleagues that these are bad regulations and that they should be opposed this evening.
Both the Welsh and Scottish Governments, as I understand it, are against this type of regulation. The Minister told us that other Administrations were watching, but this Administration should be watching what the other Administrations are doing and following their lead. I must say that this was probably the most depressing performance from a Minister that I have listened to in this House. She showed a cavalier disregard for the conventions and courtesies of this House, and, as she has admitted to, she completely breached the rules under the Government’s better regulation framework, which is designed to inform decision making for regulations that affect businesses and individuals in this country. When criticised, the Minister’s response is best described as dumb insolence, and that is just not good enough. One question that I would have liked to ask in an intervention was: what is the Government’s rationale for not requiring care home residents to be vaccinated?
These regulations were laid on 22 June. There was an accompanying explanatory memorandum that expressly referenced a full impact assessment. It said:
“A full impact assessment of the costs and benefits of this instrument is available from the Department of Health and Social Care…and is published alongside this instrument and its Explanatory Memorandum”.
The Minister has not explained what has happened to it, whether it ever existed, and whether it contained information that she found embarrassing and has therefore been suppressed.
An impact assessment is not an optional extra. As the Secondary Legislation Scrutiny Committee made clear in its report of 6 July: “An impact assessment is a fundamental tool for those who wish to scrutinise legislation before nodding it through”. Indeed, an impact assessment should be cleared by the Minister before the proposals are brought forward. The Government’s better regulation framework principles, set out in March 2020, says:
“Where government intervention requires a legislative or policy change to be made, departments are expected to analyse and assess the impact of the change on the different groups affected – which should generally take the form of an impact assessment.”
That has not happened. Why has it not happened? I put down some parliamentary questions about this, because I feared that we would not get the impact assessment, and those questions have received holding answers rather than substantive answers. One asked what estimate he has made
“of the number of employees in…England who will face dismissal from their employment as a result of the enactment of regulations …and whether those staff will be eligible for compensation”.
There was not an answer to that, and there has not been one so far today. I then asked what estimate has been made
“of the number of staff employed in care homes in England who have not been vaccinated against covid-19 for (a) clinical reasons and (b) reasons of personal choice including religion, belief and conscience”.
Again, no answers—not even to parliamentary questions. How can we hold the Government to account if they will not even answer our questions?
My constituents are absolutely livid about what is being proposed. I will not quote extensively from a letter that I received from Mr Davis from Ferndown, but he says that it is completely wrong and unethical and that it makes no sense. An NHS consultant in Christchurch says that, “Mandatory vaccination would be crossing the Rubicon on medical choice, medical confidentiality and bodily autonomy.” These are vital elements of the right to privacy. A Christchurch care home manager to whom I have spoken has said that the whole proposal “undermines” the need for parity of esteem between care workers and NHS workers.
You may have seen, Madam Deputy Speaker, the article in the British Medical Journal on 8 July, which says that, while it may reduce the risk of transmission, vaccination
“is not a panacea for safety”.
Why are we not saying that people who have had previous infection and got immunity from that are exempt from these regulations? I think that this is an unnecessary, disproportionate and misguided proposal. I hope that, given what has happened in Scotland and Wales, we reject these regulations and put the Minister out of her misery.
6.34 pm