National Health Service

Debate between Lord Brady of Altrincham and Mark Jenkinson

Tuesday 13th July 2021 Commons Chamber

[Sir Graham Brady (Altrincham and Sale West) (Con)]

I agree with much of what the hon. Member for Twickenham (Munira Wilson) has said. I shall begin, as others have done, with the impact assessment—or the lack of one. I hope that the Minister will, on reflection, accept that it is simply wrong to bring these measures forward without giving the House the impact assessment in advance. She still has the opportunity to do something about this by withdrawing these measures and coming back at a later date, and I hope she will consider that.

This is a very serious innovation. Imposing a legal requirement for people to undertake a medical intervention, maybe against their will, is a remarkable change in our law. As the hon. Member for Twickenham said, it sets a serious precedent, and it is a precedent that the Minister herself slightly alarmingly raised when she said that covid and flu would be a problem as the winter approached. As yet, we are not talking about compulsory vaccination for flu, but once we begin down that road, where does it end?

The scope of this measure is unnecessary. As I said in my intervention, insisting that people are vaccinated even if they will have no contact whatsoever with residents of care homes is entirely unreasonable. The application of the measure to a plumber who comes to fix a boiler, or to a trustee of a charity who may go to sit in an office but have no contact in any of the areas where residents would be, would be unreasonable. The measure is also inconsistent. Why does it apply only to care workers and not more widely in the healthcare sector?

[Mark Jenkinson]

We heard from the Minister about the 99% vaccination uptake where an employer had mandated it themselves. Would it not be the case, as in the case that my hon. Friend set out with visitors, that if this was in departmental guidance, it would be incumbent on the care home to take cognisance of it in the risk assessment?

[Sir Graham Brady]

I agree with my hon. Friend. There are perfectly rational arrangements that could allow particular residents to insist on only a vaccinated carer being in attendance.

I want to focus in the brief time available on a specific point: the importance of respecting religious freedom. Lime Tree House in Sale in my constituency is one of only two Christian Science care homes in the country. The rights of Christian Scientists were protected by the Labour Government when the Care Standards Bill was introduced in 2000. The then Minister, Lord Hunt of Kings Heath, gave an explicit assurance in the House of Lords:

“Perhaps I may say right at the start that the Government have no intention of preventing or discouraging people from being cared for in accordance with the principles and practices of the Church of Christ, Scientist. The Care Standards Bill will not mean that Christian Science houses or their visiting nurse services will have to give medical treatment to their patients, or do anything else which would go against their religious principles...The Department of Health will consult and work with the Church of Christ, Scientist, to ensure that regulation by the commission is compatible with the church’s principles and practices.”—[Official Report, House of Lords, 28 March 2000; Vol. 611, c. 741.]

Christian Scientists responded to the consultation in May. Since then, they have written to the Minister and indeed the new Secretary of State—obviously, that was very recently—but have not received a response. Clearly, there is no provision in the legislation to protect this important principle.

May I ask the Minister when she responds to give an absolute assurance that the principle of religious freedom will be respected by the Government, as it was by previous Governments? Will she undertake either to introduce an amended statutory instrument in the House or, if not, will she commit to including matters of conscience in the exemptions provided for in the measure? I am talking about two small care homes, a handful of residents and a situation in which both residents and carers might prefer not to have a medical intervention inflicted on them against their will, but a very big principle is at stake.