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Joint Committee on Vaccination and Immunisation
1. This Code of Practice gives information on the status, role and responsibilities of the Joint Committee on Vaccination and Immunisation; the terms of appointment of members of the Committee; and, the role and responsibilities of the members of the Committee. This Code of Practice also applies to members of the Panels established by the Joint Committee on Vaccination and Immunisation. 2. The Code of Practice does not have any legal force, but all members and prospective members are required to signal their acceptance of the terms and conditions set out in the Code by signing the Declaration (attached) as indicated. THE STATUS OF THE COMMITTEE
3. The Joint Committee on Vaccination and Immunisation (JCVI, the Committee) is a Non-Departmental Public Body (NDPB). It is a statutory expert Standing Advisory Committee established in England and Wales under the NHS Act 1977 and the NHS (Standing Advisory Committees) Order 1981 as the Standing Advisory Committee on Vaccination and Immunisation. It is also a Sub-Committee of the National Professional Advisory Council covering Scotland.
4. The Committee has no statutory basis in Scotland or Northern Ireland but, nonetheless, fulfils the same role and has the same responsibilities in those countries as in England and Wales.
5. The Secretariat of the JCVI is provided by officials from the Department of Health.
THE ROLES AND RESPONSIBILITIES OF THE COMMITTEE 6 The Committee has a responsibility to provide high quality and considered advice and recommendations to the UK Health Ministers on matters set out in the terms of reference. This includes giving advice on recommendations on matters of both a "routine" nature and also on any specific or special matters that Ministers may from time to time request. In formulating any advice and recommendations, the Committee must take into account the need for and impact of vaccines, the quality of vaccines and the strategies to ensure that their greatest benefit to the public health can be obtained from the most appropriate use of vaccines. 7. Members of the Committee play a critical role in ensuring its continued standing as an internationally recognised leading body in the field of immunisation. They are people who are committed to the continuing development and improvement of public health policy on immunisation and who bring relevant experience to the Committee and contribute to the provision of high quality and considered advice to UK ministers of health.
8. The Committee has no executive function. Its role is purely to provide advice and recommendations to the Secretaries of State on the matters listed in the Terms of Reference. This includes giving advice and recommendations on matters of both a 'routine' nature and also on any specific or special matters which the Secretaries of State may from time to time request.
ACCOUNTABILITY 9. The Secretaries of State are accountable to Parliament for the performance of the JCVI and for ensuring that it continues to observe the highest standards of propriety including impartiality, integrity and objectivity in the execution of its role and responsibilities.
10. All papers presented to JCVI - which often include pre-publication copies of research or documents of commercial significance - must be treated as confidential. All matters discussed at JCVI are confidential. Members should take care to avoid premature or selective disclosure of the Committee's deliberations. A full explanation of confidentiality matters will be given to members on attendance at meetings and these will be recorded in the minutes.
11. Members of the JCVI meet and report as one Committee usually three times a year. Its recommendations, as accepted by the Secretaries of State, are published in "Immunisation against infectious diseases"and also through other routes as necessary for example Chief Medical Officer (CMO) Letters.
TERMS OF APPOINTMENT OF MEMBERS OF THE COMMITTEE
12. Appointments to the JCVI are the prerogative of the Secretaries of State; they are normally of four years duration. Appointments may, however, be terminated, without compensation, in the event of unsatisfactory attendance at meetings or conduct which renders the member unfit to remain in office, or at the discretion of the Secretaries of State.
13. Appointments to the JCVI are unsalaried and are not pensionable but members are able to claim reimbursement for travel, subsistence and, if applicable, any childcare costs which they may incur incidentally in carrying out the duties of the post.
THE ROLE AND RESPONSIBILITIES OF MEMBERS
14. In exercise of their duties, members are required to observe the ‘Seven Principles of Public Life’ set out by the Committee on Standards in Public Life (the Nolan Committee); these are attached at Appendix 1. In addition, members must
15. As a Non-Departmental Public Body it is particularly important that there can be no real, possible or perceived conflict of interest between members' current responsibilities or previous positions and their responsibilities as members of the JCVI. Members should declare when they or a close family member may have a personal, business, private pecuniary or other interest likely to prejudice the performance of the member's duties or which may conflict with their responsibilities as a member. Such interests should be declared in any particular matter to be considered by the JCVI and the member should refrain from participating in any discussions on that matter, unless the Chairman, as guided by the Secretariat, rules the interest does not preclude the member participating. When a member refrains from participation in the consideration of any particular matter, they should normally withdraw from the meeting. 16. When an interest is not of a direct pecuniary kind, members should consider whether participation in the discussion or determination of a matter would suggest a real danger of bias. This should be interpreted in the sense that a member might unfairly regard with favour or disfavour the case of a party to the matter under consideration. In considering whether a real danger of bias exists in relation to a particular decision, members should assess whether they, a close family member, or a firm, business or other Organisation with which the Committee member is connected is likely to be affected more than the generality of those affected by the decision in question. 17. Guidance on what constitutes an 'interest' is given at Appendix 2; queries should be clarified with the Secretariat. 18. A register of members interests is maintained by the Secretariat. This register is confidential but may be required to be made available to Parliament. The final decision on whether any particular interest could be seen as being likely to prejudice the performance of a particular members' duties rests with the Chairman as guided by the Secretariat.
19. Members should not accept hospitality or gifts offered in their capacity as a member of the JCVI where this might be construed as being in conflict with the requirements of public service.
20. As a Non-Departmental Public Body, JCVI members are expected to observe certain rules on participation in political activities. Committee members are expected not to occupy paid party political posts or hold particularly sensitive or high-profile unpaid roles in a political party. This restriction does not, however, apply to Committee members who are MPs, local councillors or to Peers in relation to their conduct in the House of Lords. Subject to that, members are free to engage in political activities, provided that they are conscious of their general public responsibilities and exercise a proper discretion, particularly in regard to the work of the Committee. Members are free to maintain associations with trade unions, co- operative societies, trade associations etc. to the extent that such associations do not conflict directly with the interests of the Committee. If members have any doubt about any of these matters, advice should be sought from the Secretariat.
21. Any legal proceedings initiated by a third party are likely to be brought against the Committee as a whole, although in exceptional cases proceedings (civil or, in certain cases, criminal) may be brought against the Chairman or other individual Committee members. The Committee as a whole or individual Committee members who have acted honestly, reasonably, in good faith and without negligence will not have to meet out of their own personal resources any personal civil liability which is incurred in execution or purported execution of their responsibilities as a member of the Committee. Committee members who misuse information gained by virtue of their position may be liable for breach of confidence under common law or may commit a criminal offence under insider dealing legislation.
22. The JCVI provides advice to the Secretaries of State. Any legal challenge to any action taken on the advice or recommendations of the Committee will be the responsibility of the Secretaries of State rather than the JCVI.
23. The membership of the JCVI is in the public domain. Members of JCVI are often approached for views, comments and statements on particular matters of public health concern by members of the media; they are sometimes asked to state the Committee's views or recommendations on particular matters. Members are advised to refer all such enquiries to the Secretariat. THE SEVEN PRINCIPLES OF PUBLIC LIFE
Selflessness Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends. Integrity Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties. Objectivity In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit. Accountability Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. Openness Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. Honesty Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest. Leadership Holders of public office should promote and support these principles by leadership and example. Joint Committee
on Vaccination and Immunisation Should questions considered by the JCVI bear directly on specific products of the pharmaceutical (or other) industry, members are asked to declare any interest they may have in any part of that industry. The Declaration of Interests’ Code of Practice reflects the advice of the Committee on Public Appointments (chaired first by Lord Nolan, now Sir Gordon Downie) and includes a proforma:
INTRODUCTION 1. This code of practice guides the Chairman and the members of the Joint Committee on Vaccination and Immunisation (JCVI, the Committee) as to the circumstances in which they should declare an interest in the pharmaceutical products (or other) industries.
2. In this code, "industry" means: (b) trade associations representing companies involved with such products; (c) companies, partnerships or individuals who are directly concerned with the research, development or marketing of a medicinal product which is being considered by the Committee. References to "the industry" include cases involving a single company. In this code, "the Department" means the Department of Health, and references to "member(s)" include the Chairman. DIFFERENT TYPES OF INTEREST 3. The following is intended as a guide to the kinds of interests which should be declared. Where members are uncertain as to whether an interest should be declared, they should seek guidance from the Chairman or the Secretariat or, where it may concern a particular product which is to be considered at a meeting of the Committee, from the Chairman at that meeting. If members have interests not specified in these notes but which they believe could be regarded as influencing their advice they should declare them. However, members are not under an obligation to search out links between one company and another, for example where a company with which a member is connected has an interest in another company of which the member is not aware and could not reasonably be expected to be aware. Personal Interests
4. A personal interest involves payment to a member personally. The main examples are: (b) Fee-paid work -- any work commissioned by the industry for which the member is paid in cash or kind. (c) Shareholdings -- any shareholding in or other beneficial interest in shares of the industry. This does not include shareholdings through unit trusts or similar arrangements where the member has no influence on financial management. Non-Personal Interests 5. A non-personal interest involves payment which benefits a department for which a member is responsible, but is not received by the member personally. The main examples are: (b) Support by the industry -- any payment, other support or sponsorship by the industry which does not convey any pecuniary or material benefit to the member personally but which does benefit their position or department; for example: (ii) a grant or fellowship or other payment to sponsor a post or a member of staff in the unit for which the member is responsible. This does not include financial assistance for students; (iii) the commissioning of research or other work by, or advice from, staff who work in a unit for which the member is responsible. Members are under no obligation to seek out knowledge of work done for or on behalf of the industry within departments for which they are responsible if they would not normally expect to be informed. DECLARATION OF INTERESTS Declaration of Interests to the Department 6. Members of the Committee should inform the Department in writing when they are appointed of their current personal and non-personal interests. Only the name of the company and the nature of the interest is required; the amount of any salary, fee, shareholding, grant, etc. need not be disclosed to the Department. An interest is current if the member has an on-going financial involvement with the industry, for example if they hold shares in a relevant company, if they have a consultancy contract with the industry, or if they or the department for which they are responsible is in the process of carrying out work for the industry. Members are asked to inform the Department, through the Secretariat, at the time of any change in their personal interests. Changes in non-personal interests can be reported annually. (Non-personal interests involving less than £1000 from a particular company in the previous year need not be declared.) Declaration of Interests
at Meetings 7. Members are required to declare relevant interests
at Committee meetings. They must state whether the interests are personal or non-personal
and whether they are specific or non-specific to the matter or product under consideration.
Interests are considered relevant if they occurred within the last 12 months for
new members and existing members. 8. The examples of "personal", "non-personal",
and "current" interests given in the previous paragraph should be read
in the context of paragraphs 3, 4 and 5. A member who is in any doubt as to whether
they have an interest which should be declared, or whether they should take part
in the proceedings, should ask the Chairman for guidance. The Secretary
of State and/or the Committee has the power to determine whether or not a member
with an interest shall take part in the proceedings. The usual procedure for Committee
meetings is as follows: Members with a personal specific interest will
be asked to leave the room for the discussion and decision-making. 9.
If a member is aware that a product under consideration is or may become a competitor
of a product manufactured, sold or supplied by a company in which the member has
a current personal interest, they should declare their interest in the company
marketing the rival product. 10. Members of the Committee are required to declare any direct interests relating to salaried employment or consultancies, or those of close family members in matters under discussion at each meeting. Having fully explained the nature of their interests the Chairman will, having consulted the secretariat and other members present, decide whether and to what extent the member should participate in the discussion and determination of the issue. If it is decided that the members should leave the meeting, the chairman may first allow them to make a statement on the item under discussion. 11. If a member present at the JCVI meeting has a current personal specific interest then they should be asked to leave the room. 12. If a member present at the JCVI meeting has a current personal non- specific interest then they may take part in the proceedings unless, execeptionally, the chair rules otherwise. 13. If a member present at the JCVI meeting has a current non-personal specific interest then they should be asked to leave the room when they have personal knowledge of the intervention or matter either through their own work, or through direct supervision of other people's work. In either of these cases, they should declare this interest and should not take part in the proceedings except to answer questions. 14. If a member present at the JCVI meeting has a current non-personal non-specific interest then they may take part in the proceedings unless, execeptionally, the chair rules otherwise. 15. JCVI Sub-groups provide advice to main JCVI. JCVI sub-group members are required to declare their interests. In general a JCVI subgroup member with a current personal specific interest should not be invited to participate. However in exceptional circumstances where they have particular expertise they could be invited to attend the meeting but may not take part in any decision making subject to their own declaration of interests. All other members of a JCVI sub-group can participate in the discussion and the decision-making. The Chair of a JCVI sub-group should not have personal specific interests in any item under discussion. RECORD OF INTERESTS 10. A record is kept in the Department of the names of members who have declared interests to it, and the nature of those interests. This information will normally remain confidential to the Department unless it is required to be disclosed in Parliament. APPENDIX
NAME:
Consultancies: Fee-Paid Work: Shareholdings: Other (please specify): PERSONAL
INTERESTS (Non-Specific) Consultancies: Fee-Paid Work: Shareholdings: Other (please specify): NON-PERSONAL
INTERTESTS (Specific) Fellowships: Industrial Support: Other (please specify): NON-PERSONAL INTERTESTS
(Non- Specific) Fellowships:
Name
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