To: xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx

 

Our ref: DE00000463801

 

 

 

Dear Mr McGillivray,

 

Thank you for your email of 30 November to the Department of Health requesting, under the Freedom of Information (FOI) Act, details about compulsory vaccination and pandemic flu.  Your request has been passed to me for reply.

 

Specifically, you asked:

 

     1. Has the UK Government obtained independent legal advice as to

     whether compulsory vaccination is permitted under the terms of the

     European Convention on Human Rights?

    

     2. Which persons and/or organisations in the UK would have the

     authority to order compulsory vaccination by regulation made under

     the Civil Contingencies Act?

    

     3. Which persons and/or organisations could be called upon to

     participate in the administration of compulsory vaccinations?

    

     4. If compulsory vaccination was to be introduced, what

     arrangements would be made for persons who are allergic to vaccine

     ingredients (e.g. to egg protein) and thus excluded from the

     present vaccination programme?

    

     5. What are the available penalties that could be imposed on

     persons who fail to comply with compulsory vaccination orders (e.g.

     level of fine or length of custodial sentence) and who would impose

     such penalties (e.g. Magistrate/Sheriff court or other tribunal)?

    

     6. Could the introduction of compulsory vaccination enable the

     forced administration of vaccines under arrest/restraint to persons

     who otherwise refuse to submit to vaccination.

    

We have not considered the use of compulsory vaccination to aid the response to swine flu.  Consequently, we do not hold any information relevant to your request.

 

More information about Emergency Regulations can be found on the Cabinet Office Resilience website at: www.cabinetoffice.gov.uk/ukresilience.  You can also find the full text of the Civil Contingencies Act 2004 on the Office of Public Sector information website here: www.opsi.gov.uk/acts/acts2004/ukpga_20040036_en_1

 

Any use of emergency regulations would be made by the Queen by Order in Council or by a senior Minister in cases of urgency, and would need to be endorsed by Parliament.

 

As the Cabinet Office leads on this policy, you may wish to direct any follow-up queries to it directly, using the following contact details:

 

FOI Team

Cabinet Office

Room 120

70 Whitehall

London SW1A 2AS

 

Email: xxxxxxx@xxxxxxxxxxxxxx.x.xxx.xxx.xx

 

If you have any queries about this response, please contact me.  Please remember to quote the reference number above in any future communications.

 

I hope this reply is helpful.  If you are dissatisfied with the handling of your request, you have the right to ask for an internal review.  Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

 

Head of the Freedom of Information Team

Department of Health

Room 317

Richmond House

79 Whitehall

London

SW1A 2NS

  

Email: xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx

 

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner’s Office (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Department.  The ICO can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely,

 

Aimee Gasston

Freedom of Information Officer

Department of Health