UK Parliament / Open data

National Health Service

Thank you, Mr Deputy Speaker. I look forward to that, as it will give me time to catch my breath.

Like many hon. Members, I baulk at the prospect of mandatory mask certification or vaccination. I have made that clear privately and to my constituents who ask about it, as I did not think that it was ethically, practically or even medically reasonable. We should always be proportionate in our response. However, I have also made it clear that there are specific carve-outs aimed at those most at risk. Indeed, when it comes to healthcare and public health, this is a prime example, given the essence of who we are dealing with: the elderly and the vulnerable.

This argument boils down to rights versus responsibilities. There is a duty of care by the Government and internal providers both to patients and to members of staff. The House has to navigate the difficult path between limiting the risk to patients and residents from the spread of the virus while respecting the staff’s rights and responsibilities. In the next minute or two, including the break at 7 o’clock, I will go over a couple of principles that are in practice, and some real-world challenges that we face.

According to the Care Quality Commission, when it comes to talking about vaccinations, there are three pieces of legislation that are important: the Health and Safety at Work etc. Act 1974; the Control of Substances Hazardous to Health (Amendment) Regulations 1992; and the Health and Social Care Act 2008.

We are obviously dealing with the latter, but the former two measures set a precedent of safe working environments, dealing with substances dangerous to health, putting responsibility squarely on organisers and providers to mitigate that for staff and users as best as possible.

I do not expect that it will be too long before we see a legal challenge, where a resident dies from covid and the finger is pointed squarely at the care home staff, or at the care home for not having vaccinated staff, given that we know the vulnerability of the elderly. There is a duty—

7 pm

Debate interrupted.

About this proceeding contribution

Reference

699 c288 

Session

2021-22

Chamber / Committee

House of Commons chamber
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