PARLIAMENTARY DEBATE
Infected Blood Inquiry - 23 April 2024 (Commons/Commons Chamber)
Debate Detail
Since it was established, the inquiry has taken evidence from a range of sources, and the testimonies are indicative of the bravery of every individual who has come forward. The infected blood inquiry’s final report is due to be published within a month, on 20 May, and we expect the inquiry’s findings to cover a set of extremely challenging issues. It would not be right for the Government to pre-empt the findings of this long-prepared and carefully considered report, but the Government have committed to update Parliament through an oral statement on next steps within 25 sitting days following 20 May. It is our intention to make that statement as soon as possible. The 25-day stipulation is a deadline, and certainly not a target.
In January this year, I appointed an expert group to provide technical advice to the Cabinet Office in responding to the infected blood inquiry’s recommendations on compensation. That work is well under way and will build on the recommendations of the infected blood inquiry to inform the Government’s substantive response to the inquiry’s recommendations on compensation. The Government understand the need to move quickly to provide compensation to victims of infected blood. Most recently, we tabled amendments just last Wednesday to the Victims and Prisoners Bill to impose a duty on the Government to establish an infected blood compensation scheme. It also establishes a new arm’s length body, named the infected blood compensation authority, to deliver the compensation scheme. It will operate on a UK-wide basis to ensure parity and consistency. That demonstrates our absolute commitment to deliver long overdue justice to victims of infected blood.
We understand that for many there is an urgent need for compensation. As the House will know, in October 2022, the Government paid more than £400 million in interim compensation to help to ease the short-term needs of those infected. The Government amendment also includes a statutory duty to make interim payments of £100,000 to the estates of the deceased infected people who were registering with existing or former support schemes, where previous interim payments have not already been made to infected individuals or their bereaved partners. That is an important step forward to get substantial compensation into the hands of families and victims of infected blood. Should that Government amendment be supported in the other place, it will return to this House for debate in the usual process of Commons consideration of Lords amendments.
“wrongs were done at individual, collective and systemic levels.”
He also said that in all conscience he could not wait until his final report was published to tell the Government to start paying compensation.
Last week, Hugh Pym of the BBC produced shocking evidence about children, even babies, being experimented on in the 1970s and 1980s without their parents’ consent. These disturbing revelations raise serious criminal and ethical issues for the NHS and the medical profession. There are possible breaches of the 1947 Nuremberg code. Alongside that, The Sunday Times, and Caroline Wheeler, in particular launched a campaign at the weekend for compensation to be paid now to those infected and affected by the contaminated blood scandal. So far, more than 160 MPs have backed the campaign, and 10 parties are represented, including six leaders.
Last week, the Government finally laid those amendments to the Victims and Prisoners Bill in the other place after this House forced the Government to act in December last year. This weekend, Ministers confirmed that even when Sir Brian produces his final report on 20 May, the Government may not respond until as late as 3 July 2024. Meanwhile, there has been no announcement on compensation funding or on any compensation scheme, despite the Government having accepted the moral case for compensation.
What action are the Government taking following last week’s BBC story on the experiments on children? When will Sir Brian’s recommendations on compensation be implemented in full? On what date will payments be made to those infected and affected? Why have the interim payments not been made, as Sir Brian recommended last April? How will those infected and affected be involved in the whole scheme? Why are Ministers rejecting the three-month timeframe for setting up a compensation body that this House agreed to in December last year, and Sir Brian’s recommendation that it should be judge-led?
On all sides of the House, Members know that when people are dying, justice delayed is justice denied. The time to act is now.
The right hon. Lady draws attention to commentary from Hugh Pym and other journalists about speculation and allegations, which I believe Sir Brian Langstaff’s report, when it is published on 20 May, should give substantive airing to, drawing on the evidence collected. It would be reasonable for the Government to wait for that authoritative statement on what information and evidence they have gathered before we respond, but that does not mean that, since I took office, I have been doing anything other than move forward everything I can on compensation as quickly as possible.
The right hon. Lady is quite right to say that over 3,000 deaths have occurred since 1970, including 141 last year. I recognise that the challenge of urgently securing interim payments, in terms of the mechanics of how it is done, is not a concern of the infected and affected community. She quite reasonably stands up and urges speed on that, and I am doing what I can. The statutory duty to make an interim payment of £100,000 to the estates of the deceased infected people is the first time that we have put in legislation a duty to pay compensation before the ad hoc schemes, which, over the past 45 or 50 years, have never admitted culpability. I have also put into legislation, with the consent of both Houses, the need to set up the arm’s length body and make it as operational as soon as possible.
As I discussed with the right hon. Lady last week, my concern is to get that arm’s length body up and running as quickly as possible, and there is a legal obligation to do so when Royal Assent is gained—there is no statutory deadline but there is a responsibility to do that. I recognise the concern around a judge-led body. Indeed, Sir Brian Langstaff’s report suggests that a judge-led body would be desirable—I do not rule that out—but at this stage it seems reasonable not to confine it in legislation in case another candidate becomes available. Clearly, however, gaining the confidence of the affected and infected communities is absolutely integral to this process working. As I say, I am doing everything I can to bring forward the Government’s substantive response on the widest issues of compensation as near as I can to the 20 May, and I will update the House as often as I can. Indeed, I have made time available tomorrow for an open surgery for any MP who wants to bring cases to me.
I have been actively involved in this in one way or another for 25 years. We all know that the justification for having the Langstaff inquiry has been the information that has now come out in public, which was concealed or not known over the decades. We also know that this is different from most of the discussions in the Pearson report on whether there should be compensation when things go wrong in medical treatment. This report is likely to show how, since the war, people have not paid enough attention to the warnings given by those in the field. With the update of Caroline Wheeler’s book and the BBC programme, we now know that, as well as the haemophilia trials published in the 1970s, the 1980s trials showed massive defects by the standards of those days, let alone by up-to-date standards.
I join the right hon. Lady in asking the Minister when it will be possible for people to register their names, backgrounds and circumstances for compensation. Do we have to wait until a month’s time for that to happen, and how will it be dealt with? Obviously, as the Cabinet Office Minister, he follows his predecessor in carrying this responsibility, but how far will the Department of Health and Social Care be involved, and will other Departments be involved?
In respect of the £100,000 payments announced through the Government amendment tabled last Wednesday, we will be working with the existing support schemes to expedite them as quickly as possible for the estates of the deceased infected. On the substantive response on the wider complete compensation, through last week’s intervention, and building on the amendment of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), we have established the delivery vehicle for compensation.
On the challenge that we were somehow delaying compensation, which was reasonably made, I think that what I have said to the House this afternoon makes it clear that we are committed in legislation to delivering that compensation, but that the terms of how we do so, and how we respond to translating those 18 recommendations into reality, is ongoing work that I will seek to address substantively as soon as possible by 20 May.
As part of delivering the justice that is so long overdue, the Government must now deliver on the compensation scheme. Time is of the essence: every week that passes without further Government action matters. Those who were infected with contaminated blood are dying at a rate of one every four days. Ministers have repeatedly accepted the moral case for compensation, but victims understandably have little faith and want to see firm action. That is why Labour was very disturbed to hear that the Government have tabled an amendment to undo the cross-party changes to the Victims and Prisoners Bill passed by this House in December last year. The changes that the Government want would have the effect of removing a clear commitment to delivering on the compensation scheme within three months of the Bill’s passing—yet another missed opportunity; yet another delay.
I would be grateful if the Minister answered the following questions. Will the Government now consider accepting the cross-party consensus of establishing a clear three-month limit for the setting up of the scheme? Can the Minister confirm when victims can expect to receive final compensation payments following the publication of Sir Brian Langstaff’s review?
The hon. Lady asked me, as everyone does, about the Government’s substantive response on compensation more broadly. As I have indicated, I appointed the expert group in January to examine some of the issues in the recommendations, such as the need for redress for those living with chronic hepatitis B when that chronic infection definition did not exist. I have been seeking professional advice on the operationalisation of the recommendations. The conclusions of those deliberations, and the quantification and discernment of compensation, will be a matter for the Government when the final report has been published.
“When we found out little Colin was going to be treated by a world-renowned haematologist we were over the moon. Professor Bloom was like a God to us and we didn’t question him. We thought our son was being given the best possible treatment. But we will feel forever guilty that we had in fact handed our son over to his killer.”
These parents should not be burdened with this guilt. An estimated 380 children were infected in a massive breach of trust and medical ethics. It is every parent’s worst nightmare. What does the Minister say to the parents of children who were used as guinea pigs, in an utterly despicable practice that was made worse by the lack of redress for those families? When will all those infected and affected receive the compensation they are due, and an apology from this Government?
“I had to grow up in care due to my father being too ill to look after me. We have been fighting for many, many years for justice.”
He thinks that the Government are dragging their feet on compensating victims. He is right, isn’t he?
The statutory duty to make interim payments of £100,000 to the estates of deceased infected people will be carried out through the existing schemes. We are working with those schemes to work out how best to do that. That is different from recommendation 12, in that the Government took the view that we did not want to overwhelm the will of the estates—rather than divide it up among family members, which could be problematic and would cause delay. While I cannot give an authoritative date now, urgent work is ongoing to give clarity on the process for those people to register and to receive those payments.
I am also grateful to my right hon. Friend the Minister for the updates he has given, particularly about support for the estates of the deceased. However, I urge him to continue to meet groups such as Tainted Blood and make sure that the communication on this issue is as clear and open as possible, so that those groups are engaged and can support their members as the process moves forward—and to do so as fast as possible.
There has been a lot of speculation in articles in recent days—and, most prominently, in Caroline Wheeler’s book—about the wider issues: what went wrong and why these things happened. Those matters will need to be addressed, but through the lens of Sir Brian Langstaff’s report, which will be published finally on 20 May.
Sir Brian Langstaff made his final recommendations on compensation early—a whole year ago—and recommended that the compensatory body make payments by last December. He did so because he was worried about the effects of a delay on the affected and infected. We have missed all of those deadlines; is this what Sir Brian’s worst fear looked like?
On the hon. Gentleman’s specific point about the mechanics of engagement with communities, I am very seized of the need to have a clear narrative for each different cohort, so that we can be crystal clear when those decisions are made. I recognise how frustrating this is. Obviously, agreeing, quantifying and making provision for those things is a collective process across Government, and I am doing everything I can, using my experience from several years in the Treasury. It is helpful that the Chancellor of the Exchequer was Health Secretary when the public inquiry was set up, and I am working with colleagues across Whitehall to deliver this as quickly as I can.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.