Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021

Lord Hunt of Kings Heath Excerpts

Tuesday 20th July 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, I will be supporting my noble friend’s amendment; I am very glad that she has put it before us. Like the noble Baroness, Lady Noakes, and other noble Lords, I cannot help but feel that this regulation is not the way to deal with such an important and sensitive subject. Even at this late stage, I appeal to the Minister to allow it to be delayed until the autumn, when the full impact assessment and the guidelines are made available. This is not the way to treat Parliament.

This is a challenging issue, and I am very mindful of the opinion of Big Brother Watch, which I respect. It warned that mandatory vaccination is

“crossing … the Rubicon on medical choice, medical confidentiality and bodily autonomy …vital components of the right to privacy.”

Equally, I have been alarmed at the unwillingness of some staff to have the vaccination. In these uncertain times, I accept that action normally considered as unacceptably undermining our personal liberties may have to be taken in the wider interest.

In the end, I come down in favour of the principle of the regulations, but I am dismayed by the way in which the Government have handled them. We have already heard the criticism of the Secondary Legislation Scrutiny Committee. It is an absolute disgrace that the Government have not produced either the operational guidance—even though they say it will be produced within a few days—or the impact assessment, which is required to be submitted to the Regulatory Policy Committee for independent scrutiny and presented to Parliament. Why has this not been done? To expect us to agree to the incursion on personal liberty, in the way that these regulations provide for, is very bad indeed.

My guess is that the Government are very uncomfortable with what a proper RIA would say. Clearly, what has happened is that, once again, the poor old residential care sector has been picked upon and could be devastated as a result of these regulations. The Government are embarrassed by this, and therefore do not want Parliament to know the full facts. If the Minister says it is because officials have been working very hard and are not ready, I just do not believe it. His department has so much form in treating this House with contempt that I am afraid I cannot give it the benefit of the doubt on this. This is a deliberate attempt to hide from Parliament the consequences of a hugely important policy decision. It will not be forgotten. Like the noble Lord, Lord Lansley, I would like an assurance that this will last only for a minimum period of time.

I always work very well with the Registered Nursing Home Association, which says that, at the moment, it does not know how staff will react—how can it? It has been asked to respond to the current draft guidance, and it says that it is very light on, for instance, exactly how the regulator—the CQC—will regulate this regulation. There is an oral statement that the CQC will be proportionate but, as it asks, what does that mean when the requirement is that 100% of staff need to be vaccinated? It also says that the guidance is very light on the issue of what providers and local authorities, as commissioners, should do to support those services that are short of vaccinated staff. Will the Minister give us an assurance that this will be dealt with in the guidance that will be produced in a few days’ time?

The Care Provider Alliance is concerned about the overall impact of losing critical staff. It says that we currently have around 112,000 vacancies. If the Minister is right, and another 40,000 vacancies are added on top of that, how on earth will the sector cope with that? On the point of the noble Lord, Lord Lansley, about the inconsistencies, one must assume that those 40,000 people will find jobs, either in the NHS as care assistants, in the domiciliary care sector or in any of those sectors where they are not required to be vaccinated. How on earth can that be seen as a sensible policy?

I will finish on a completely different subject. I want to raise the case of Christian Scientists. In discussion with the late Lord Weatherill, as a Minister in 2000, I was able to agree a special provision in the Care Standards Act for Christian Scientists. At the time, I said from the Dispatch Box:

“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.”—[Official Report, 28/3/00; col. 740.]

The issue today concerns the two homes that the Christian Scientists run in England. The Church believes that it should be permitted to claim a religious exemption from Covid-19 vaccination. Will the Minister confirm the assurances that I gave to the House from the Dispatch Box 21 years ago? Would his officials meet with the Church to discuss the details?