Question to the Department of Health and Social Care:

To ask Her Majesty's Government what assessment they have made of the risk to hospital patients of catching the Omicron variant of COVID-19 from unvaccinated hospital staff; what estimate they have made, if any, of how many patients (1) may catch Omicron this way, and (2) may die as a result; and what plans they have, if any, to put in place processes by which unvaccinated staff may be subject to criminal liability for infecting patients with COVID-19.

We are still in the early stages of understanding the impact of the Omicron variant on vaccine efficacy, where evidence is limited. NHS England and NHS Improvement do not hold data of how many patients have acquired COVID-19, including the Omicron variant, whilst in hospital or how they became infected.

NHS England and NHS Improvement work with National Health Service trusts to ensure hospitals are implementing robust COVID-19 infection prevention and control measures in all areas to prevent the transmission of the virus. This includes physical distancing, optimal hand hygiene, equipment and environment decontamination and extended use of face masks by healthcare staff, patients and visitors, which is continually reviewed.

We have no plans to put in place processes by which unvaccinated staff may be subject to criminal liability for infecting patients with COVID-19. Organisations are responsible for ensuring safe systems of work, including managing the risk associated with infectious agents through the completion of risk assessments approved through local governance procedures. National guidance outlines the recommended principles to support local decision making within individual organisations. The vaccination programme has significantly weakened the link between cases, hospitalisations and deaths and will continue to be our first line of defence against COVID-19. We encourage those who are eligible for a booster vaccination, including NHS staff, to ensure they have this vital extra protection.