Covid-19: Requirements for Employees to be Vaccinated

Debate between Martyn Day and Rachael Maskell

Monday 24th January 2022 Westminster Hall

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I beg to move,

That this House has considered e-petition 599841, relating to requirements for employees to be vaccinated against covid-19.

It is a pleasure to serve under your chairmanship, Mr Paisley. This might be one of the more interesting debates to emerge from the coronavirus pandemic. It has implications for health and business, and there are serious ethical questions.

The concept of mandatory vaccination is not new. Historically, children were required to be vaccinated against smallpox in the mid-19th century by the Vaccination Act 1853, which made it compulsory. Now, following on from mandatory vaccination for care home staff in England by 11 November, frontline health and social care workers in England will need to be fully vaccinated by 1 April, which means that they will need to have their first jag by 3 February.

Several countries have taken harsh stances on requiring vaccinations, such as Italy, which is requiring all over-50s in the workforce to be vaccinated. Given these recent developments, this is not some theoretical or abstract debate; it has considerable real-world implications for us here and now.

The petition was started by Ryan Karter. It has already gathered more than 175,000 signatures, and it still has several months to run until it closes on 1 May. The Government responded on 25 November, and I will comment on the response in due course. I am grateful to the creator and all those who have signed it, as the scale and speed with which it is being signed is a clear measure of the public interest in the issue.

The petition states:

“Make it illegal for any employer to mandate vaccination for its employees.”

At its heart is support for the principle of informed consent. In speaking to Ryan prior to this debate, he made me aware of several reasons he had for starting it, not least of which was the concern that mandatory vaccination for frontline health and social care workers will lead to a loss of workers, increase the pressures of staff shortages, and be unfair and disrespectful to essential workers. That is a theme I will expand on later.

Ryan also has concerns over vaccine safety, the evidence of their efficacy, and the failure of current policy to account for natural immunity to covid. The petition goes on:

“All British people should have the right to bodily autonomy and must never be coerced into receiving a medical intervention they may not want.”

That does not seem a particularly radical position to advocate, especially as the principle of consent is an important part of medical ethics and international human rights law. It is highlighted on the NHS website, which states:

“Consent to treatment means a person must give permission before they receive any type of medical treatment, test or examination.”

It adds,

“This must be done on the basis of an explanation by a clinician”,

and,

“Consent from a patient is needed regardless of the procedure”.

That is a position I find comforting and reassuring.

What do the UK Government say? In responding to the petition, the Government make a number of points. On the efficacy of vaccination, the response states:

“The vaccines are the best defence against Covid-19 and uptake of the Covid-19 vaccination has been very high across the UK. Vaccination reduces the likelihood of infection and therefore helps break chains of transmission.”

I assure the Minister that in that aspect he has my full support and agreement, and the weekly publishing of the covid-19 vaccine surveillance report evidences that fact. However, it should be noted that the reports state:

“Vaccine effectiveness against symptomatic disease with the Omicron variant is substantially lower than against the Delta variant, with rapid waning. However, protection against hospitalisation remains high, particularly after 3 doses.”

The Government’s response to the petition states:

“Government has identified limited high risk settings where there is strong public health rationale for making vaccination a condition of deployment. The Government has recently announced that health and social care services will need to ensure that workers who have direct face to face contact with service users have been fully vaccinated against Covid-19, following consultation.”

It should be mentioned that within the NHS there is an existing, long-standing precedent requiring vaccination against hepatitis B for those undertaking exposure-prone procedures due to the potential health risk involved. Having said that, the expansion of this position to cover covid-19 is on a very different scale.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to the hon. Member. Does he recognise that the requirement to have a hepatitis vaccination is only in the public heath green book? It is not mandatory in statute.

[Martyn Day]

I thank the hon. Member for making that very good point. As I say, it is on a very different scale. It also takes no account of the fact that vaccines do not prevent viral transmission or infection.

The Government’s response puts the position in England out of step with the other UK nations. It is probably the most contentious part of today’s debate, and it is where I find myself very strongly in agreement with the petitioners. By contrast, the Scottish Government have pursued an “educate and encourage” strategy in their vaccine roll-out—a strategy that has resulted in a higher vaccine uptake to date. In Scotland, the covid vaccine is entirely voluntary, and the Scottish Government have no plans to change this position for healthcare staff or anyone else. The Scottish approach advises companies to bring staff along with them and to encourage vaccination rather than require it.

I mentioned earlier the deadline of 3 February for NHS workers in England to have their first vaccination in England in order to become fully vaccinated by 1 April. This is imminent, and I believe there is an impending staffing crisis.