Exclusive:
Care home workers will be required by law to get the Covid jab under historic legal change agreed by PM and Health Sec.
I’ve been leaked details of a Covid-O cabinet committee paper. Last time new UK law mandated jabs was the 1800s. Thread.1/
telegraph.co.uk/politics/2021/…
Care home workers will be required by law to get the Covid jab under historic legal change agreed by PM and Health Sec.
I’ve been leaked details of a Covid-O cabinet committee paper. Last time new UK law mandated jabs was the 1800s. Thread.1/
telegraph.co.uk/politics/2021/…
The paper was written by the Health Dep and discussed in Covid-O last week. Details shared with me by numerous sources.
It’s around 15 pages long and titled: ‘Vaccination as a condition of deployment in adult social care and health setting’. 2/
It’s around 15 pages long and titled: ‘Vaccination as a condition of deployment in adult social care and health setting’. 2/
This is understood to be the paper’s key line. Makes clear Boris Johnson and Matt Hancock “have agreed” to change the law so social care workers are required to get Covid vaccines. 3/ 
There are an estimated 1.5 million people working in adult social care in England. If the change was voted through it would likely mean the vast majority of them would be legally required to get the jab. 4/
Sidenote: These reforms are being considered for England specifically.
Health policy is set by the devolved admins in Scotland, Wales and Northern Ireland. Would be up to them to decide whether to match England. 5/
Health policy is set by the devolved admins in Scotland, Wales and Northern Ireland. Would be up to them to decide whether to match England. 5/
So how detailed are the plans? The paper makes clear that the legislative route the Government will take to enact the change remains TBC.
Both primary and secondary legislation is discussed. Full legal wording yet to be drafted. Ultimately expected to go to consultation. 6/
Both primary and secondary legislation is discussed. Full legal wording yet to be drafted. Ultimately expected to go to consultation. 6/
But worth stressing - this would be a massive legal change. The Government would be making it the law for scores of Brits to get a Covid injection.
What happens if they don’t want to? Do they lose their jobs? What exemptions would be offered? Raises big legal + ethical qus. 7/
What happens if they don’t want to? Do they lose their jobs? What exemptions would be offered? Raises big legal + ethical qus. 7/
Just how unprecedented is the move? I asked a legal expert who advises firms on vaccinations for workers.
He said last time that anything similar was written into law was the 1800s, when jabbing kids for small pox was mandated. So around 150+ years ago. 8/
He said last time that anything similar was written into law was the 1800s, when jabbing kids for small pox was mandated. So around 150+ years ago. 8/
It is one of those (many) moral dilemmas posed by Covid
One hand: Imagine if your relative was in a care home and died after contracting the virus from a worker who refused to get jabbed
The other: The state now wants to legally obligate certain citizens to get injections. 9/
One hand: Imagine if your relative was in a care home and died after contracting the virus from a worker who refused to get jabbed
The other: The state now wants to legally obligate certain citizens to get injections. 9/
The Covid-O paper sets out why ministers feel compelled to act.
SAGE sets a benchmark for vaccine safe care homes: 80% staff jabbed, 90% residents jabbed.
Only around 1/4 of London care homes hit that benchmark, per paper. At best it’s 1/2 in other parts of England. 10/
SAGE sets a benchmark for vaccine safe care homes: 80% staff jabbed, 90% residents jabbed.
Only around 1/4 of London care homes hit that benchmark, per paper. At best it’s 1/2 in other parts of England. 10/
The paper makes clear the risks
1) Staff quitting
“The most significant risk of a policy to require vaccination among the workforce is the potential impact on workforce numbers should social care workers choose to leave their roles in large numbers rather than be vaccinated” 11/
1) Staff quitting
“The most significant risk of a policy to require vaccination among the workforce is the potential impact on workforce numbers should social care workers choose to leave their roles in large numbers rather than be vaccinated” 11/
2) Legal challenges could win
The paper is understood to say if the change is made by secondary legislation there is “high risk” legal challenges could succeed.
Specifically on human rights and proportionality grounds. (Ie likely Article 8 of ECHR) 12/
The paper is understood to say if the change is made by secondary legislation there is “high risk” legal challenges could succeed.
Specifically on human rights and proportionality grounds. (Ie likely Article 8 of ECHR) 12/
[[ This is Article 8 of ECHR by the way. Key question would be the definition of “necessary” - is it necessary to make care workers get jabs to protect others? ]] /13
3) The paper speculates that unions could end up opposing the changes. Which politically is a challenge. 14/
Worth adding too - this may not end up with just care workers legally made to get jabs (if it passes Parliament).
The paper makes clear other frontline healthcare workers (such as those on wards) would be considered. Still no decision on that front. 15/
The paper makes clear other frontline healthcare workers (such as those on wards) would be considered. Still no decision on that front. 15/
This is how one senior Government source justified the move: “Protecting the most vulnerable in our society from a deadly virus is obviously of critical importance.” 16/
The Government response to our reporting...
A Cabinet Office spokesman: “The review into covid status certification is considering a range of issues. No final decisions have been made.”
(Note the word final - the paper says the change in principle has been agreed) 17/
A Cabinet Office spokesman: “The review into covid status certification is considering a range of issues. No final decisions have been made.”
(Note the word final - the paper says the change in principle has been agreed) 17/
The questions from here
- When will the move happen?
- What form exactly will it take?
- What would the exemptions be?
- Is the care sector supportive?
- Tory backbenchers supportive?
18/
- When will the move happen?
- What form exactly will it take?
- What would the exemptions be?
- Is the care sector supportive?
- Tory backbenchers supportive?
18/
Final tweet: Early last month Tory ministers were publicly against using a certificate showing you’d willingly got a Covid jab to do stuff domestically.
Now they’re arguing the law should be changed to require scores of workers get injections. A sign of these strange times. END/
Now they’re arguing the law should be changed to require scores of workers get injections. A sign of these strange times. END/
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