The coronavirus vaccine has been widely hailed as the best chance of returning life to normal. The UK Government has signed deals for 90 million doses of promising COVID-19 vaccines which are being developed through pharmaceutical companies. The Health Secretary has hinted everyone in the country could be immunised against the deadly virus – but is this possible?
Under current UK law, vaccines are not compulsory.
Current legislation gives the Government powers to prevent, control or mitigate the spread of an infection or contamination.
However, it explicitly outlines it cannot require a person to undertake medical treatment, including vaccination.
The Coronavirus 2020 introduced in March 2020 extended this prohibition to Scotland and Northern Ireland.
This legislation makes it explicitly clear the power to make such regulations does not include mandatory treatment or vaccination.
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In May, Health Secretary Matt Hancock was questioned about mandatory vaccinations.
Mr Hancock did not confirm if the vaccine would be compulsory but did not rule the option out either.
He said: “The question of whether it’s mandatory is not one that we’ve addressed yet. We are still some time off a vaccine being available.
“But I would hope, given the scale of this crisis, and given the overwhelming need for us to get through this and to get the country back on its feet, and the very positive impact that a vaccine would have, that everybody would have the vaccine.”
In the UK, vaccination is the choice of the individual or parent whether they or their child is vaccinated.
The latest UK data indicates the take up of childhood vaccinations in 2018 to 2019 declined for the fifth year in a row.
Vaccine hesitancy has been named as one of the top 10 threats to health by the World Health Organisation.
According to epidemiologists, upwards of 70 percent of the population may need to develop immunity to COVID-19 through vaccinations.
But if the anti-vaccination sentiment is on the rise, many suspect the Government could make them mandatory to protect another spike in the deadly virus.
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Can the UK make COVID-19 vaccination mandatory?
According to Louise Hooper of Garden Court Chambers, current legislation makes it clear the Government does not have power to “include mandatory treatment or vaccination”.
Ms Hooper said: “Powers to make regulations in England and Wales are made under and subject to the restrictions in the 1984 Act.
“The Coronavirus Act 2020 introduces separate powers for Scotland and Northern Ireland to make health protection law under their devolved powers.
“These ensure that a similar prohibition on powers requiring mandatory medical treatment including vaccination and other prophylactic treatment is in force.”
She added enforcing mandatory vaccination would be an infringement of civil liberties and human rights.
Ms Hooper said: “It is clear that mandatory medical treatment and vaccination are explicitly prohibited by the Act.
“There is, however, potential for abuse leading to infringement of civil liberties and human rights unless the powers contained in the Coronavirus Act are exercised lawfully.
“The YouTube video, whilst correctly identifying some of the powers above fails to refer at all to the limitations on those powers.”
While it is clear current legislation explicitly says mandatory vaccinations are not possible, the Act does outline the Government has “reasonable”, “proportionate” and “necessary” powers – each of which is likely to change over time and is subject to interpretation.
Exercising these powers must be proportionate to the scale of the crisis, but subjective means this legislation may change at different times depending on the surrounding circumstances.
However, Ms Hooper added: “As with any legislation dramatically affecting civil liberties there is a need for vigilance to ensure the State does not overstep its boundaries and an effective remedy when it does so.”
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