(8 months ago)
Commons ChamberThat is actually what antibodies do.
I will answer some of the many questions that have been asked in this debate. I reiterate that no medicine or vaccine is completely risk free. Even simple paracetamol has the potential to kill people if it is not taken properly, and people with certain conditions might not be able to take it at all. We have monitoring systems in place. The MHRA, which I know has come under criticism, took a stand when in April 2021, following concerns raised through the yellow card system, it reduced access for the under-30s and then for the under-40s. When concerns are raised, it absolutely takes action. There are now recommendations about the type of vaccine, and about whom we vaccinate, bearing in mind the current evidence.
I have said that no vaccine is 100% safe, which is why we have the vaccine damage payment scheme. I hear concerns about that, and I have met my hon. Friend the Member for Christchurch (Sir Christopher Chope) to discuss it. We took the scheme off the Department for Work and Pensions and moved it into the Department of Health and Social Care to speed it up and get claims turned around more quickly. We have had more than 4,000 claims, 170 of which have been awarded. Roughly speaking, the majority of claims are decided on within six months, and the vast majority are decided on within 12 months. Of course, we want to speed up on those. We recognise the time limit of three years, which is why we are working as hard as we can to get through as many claims as possible, so that if people have been affected by the covid vaccine, they get some help and support through that funding.
My hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) raised the issue of research. We are absolutely researching the issue of covid-19 vaccines—not just future types of vaccines, but their safety. There is £110 million from the National Institute for Health and Care Research going specifically into covid-19 vaccine safety, and I encourage all Members to keep an eye on that as the evidence comes forward.
I have to give the hon. Member for North West Leicestershire a few minutes to reply, so I will just say that we take this issue extremely seriously. I know that as a Minister, I will be responsible—
I will not, as I have to let the hon. Member for North West Leicestershire respond. We take this issue very seriously. I have been as open and transparent as I can be. If there are concerns, we will always look into them, but there is no doubt that covid vaccines save lives. There is no doubt that some people have experienced harm from them—we acknowledge that, and we want to help and support people who have been affected—but the vaccines did get us out of the pandemic and we need to be mindful of that as well.
(1 year, 10 months ago)
Commons ChamberI thank the hon. Member for that advice. I will look forward to that guidance, as I have great faith in that commission under its present chair to make sensible guidance.
For the sake of clarity, is it the case that the list of criteria—the eligibility for the law to be triggered—are individual criteria, so that if any of these criteria are not met, then the law does not apply? Or is it that every single one of them must be met for an employer to be exempt from the operations of the Act? I fear that if they are all required to be met, that is a very high bar for employers to get over, and I would rather it was just any of them being met.
I end by expressing my concern about how, increasingly, the spirit of our law is simply declaratory. We decide that something is bad in our society and we pass a law saying that it is bad and that it should not happen, and we expect that to work. What we need to consider in drafting and passing legislation is the actual effect of the law on the people who will be responsible for enforcing it, given the culture and the effect of the culture on the law. The law is a teacher, and we must be aware of the attitudes, the spirits, the fears and the politics, including the increasingly transgressive politics, of people with power our country’s public life and about how they will use the laws that we are passing. In future times, what will be done with laws such as this? I would be grateful to the Minister if she could reassure me on those points.
I thank my hon. Friend the Member for Devizes (Danny Kruger) for raising those points. The amendments make the case that any harassment must be directed to the employee; it cannot simply be third-party conversations that are overheard. To his specific point, all the conditions must be met for the amendment to be triggered. I recognise that he says that that is a high bar, but that is the case.
Turning to my hon. Friend’s examples, such as whether banter will be banned, I gently say that if it is directed at the employee, that can be sexual harassment. One person’s banter is another person’s harassment, and we need to be mindful of that. The other example that he gave was of a footballer: if the crowd are singing a song or directing a chant, that can be targeted harassment. We have multiple examples of footballers being targeted either because of their race or their colour. That is not acceptable and football clubs take action on that now.
As the hon. Member for Bath (Wera Hobhouse) said, guidance will be issued. We understand that it will be difficult for employers and we know that they need clarity. That is why we have tabled these amendments today. Third-party conversations that are not directed at an employee will be exempt, as is the case if all the conditions in the amendment are met. Direct harassment of an employee, whether that is banter or a song at a football match, is still harassment. That is why we need the Bill.
Amendment 1 agreed to.
Amendments made: 2, page 1, line 2, leave out “of the Equality Act 2010”.
This amendment is consequential on Amendments 3 and 4.
Amendment 3 , page 1, line 11, at end insert—
“(1C) Subsection (1D) applies if and so far as—
(a) a third party harasses B in the course of B’s employment,
(b) the harassment falls within section 26(1) (unwanted conduct related to a relevant protected characteristic) and not within section 26(2) or (3) (unwanted conduct of a sexual nature etc),
(c) the conduct constituting the harassment involves a conversation in which B is not a participant, or a speech which is not aimed specifically at B,
(d) the conversation or speech involves the expression of an opinion on a political, moral, religious or social matter,
(e) the opinion expressed is not indecent or grossly offensive, and
(f) the expression of the opinion does not have the purpose of violating B’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(1D) For the purposes of subsection (1A)(b), A is not to be treated as having failed to take all reasonable steps to prevent the harassment solely because A did not seek to prevent the expression of the opinion.”
This amendment makes provision about when an employer can be held liable for the harassment of their employee by a third party. Its effect is that, where relevant conditions are met, employers will not be expected to prevent the expression of opinions in order to avoid liability.
Amendment 4, page 1, line 11, at end insert—
“(2) In section 109 (liability of employers and principals), after subsection (4) insert—
‘(4A) Subsection (4B) applies if and so far as—
(a) A harasses another employee (C) in the course of C’s employment,
(b) the harassment falls within section 26(1) (unwanted conduct related to a relevant protected characteristic) and not within section 26(2) or (3) (unwanted conduct of a sexual nature etc),
(c) the conduct constituting the harassment involves a conversation in which C is not a participant, or a speech which is not aimed specifically at C,
(d) the conversation or speech involves the expression of an opinion on a political, moral, religious or social matter,
(e) the opinion expressed is not indecent or grossly offensive, and
(f) the expression of the opinion does not have the purpose of violating C’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for C.
(4B) For the purposes of the defence in subsection (4), B is not to be treated as having failed to take all reasonable steps to prevent the harassment solely because B did not seek to prevent the expression of the opinion.’”—(Wera Hobhouse.)
This amendment makes provision about when an employer can be held liable for the harassment of their employee by another employee. Its effect is that, where relevant conditions are met, employers will not be expected to prevent the expression of opinions in order to avoid liability.
Third Reading
(2 years ago)
Commons ChamberI will not. I have just three minutes to respond to the many points that my hon. Friend made.
It is important to put on the record that all the vaccines used in the UK are safe, and we have some of the highest safety standards in the world, with the MHRA globally recognised for requiring high standards of safety. I have worked in clinical research, and I can say categorically that the data is not hidden from the public or the MHRA; it is inspected rigorously and can be reinspected at any time.
Each of our covid vaccine candidates is assessed by a team of scientists and clinicians on a case-by-case basis, and it is only once a potential vaccine has met robust standards of effectiveness, safety and quality that it is approved for use. That is the case for all medicines, not just covid vaccines. Extensive data shows that the vaccine is safe and highly effective in reducing the deaths that we sadly saw during the pandemic. That does not end when the vaccine is approved; surveillance of vaccines continues, as it does with any medicine, and any adverse reaction is recorded on a regular basis. That does not stop following approval.
My hon. Friend talked about the yellow card reports. Those have been in place for many years. Anyone who has a side effect from any medicine can make a yellow card report. When I was first starting out in nursing, that was a physical yellow card; it is now online. Anyone can submit any suspected adverse drug reaction. The MHRA will collate and review them, and it has in the past gone on to suspend the licence of a medicine if it has concerns. That is something that it can do for any vaccine, including any covid vaccine.
The nature of the yellow card reporting system means that some reported events are not always proven side effects. A side effect can be reported; the MHRA will then go and look to see whether it is actually related to that medicine, and there is a list of probabilities of how likely it is that the side effect is related to that medicine. There is comprehensive surveillance to alert us to any unforeseen adverse reactions to vaccines and to enable us to act swiftly when required.
We know that there are some circumstances where individuals have sadly experienced harm with a possible link to a vaccination. I recognise how difficult that is for those individuals and their families. We have put measures in place to monitor any possible side effects and to commission further research that will help us better understand how to diagnose and treat those who have suffered or continue to suffer any ill effects from a covid-19 vaccine. That is the case for any medicine—even with a simple medicine such as paracetamol, people can get side effects—and that is why every medicine that is prescribed and dispensed has a patient safety information sheet listing the most likely side effects and encouraging people to report any that may not be included.
I will give way quickly, because I have only a couple of minutes.
I am grateful. The Minister’s predecessor had asked the Joint Committee on Vaccination and Immunisation to review the evidence behind the decision to roll out the vaccine to children. Can she update the House or write to us to explain where that review has got to? Does she agree that the JCVI should be looking at the vaccination of children?