PARLIAMENTARY DEBATE
Infected Blood Compensation Scheme - 21 May 2024 (Commons/Commons Chamber)
Debate Detail
Yesterday, the Prime Minister spoke about the anguish that the infected blood scandal brought to those impacted by it. I want to reiterate his words and apologise again today. I am sorry. The Prime Minister also spoke, on behalf of the whole House, of our gratitude to Sir Brian Langstaff and his team for completing his comprehensive report—seven volumes and 2,500 pages—and of our appreciation of all those who came forward as part of the inquiry.
It was the greatest privilege of my ministerial career to meet over 40 representatives of the infected blood community, in Cardiff, Edinburgh, Belfast, Birmingham and Leeds, as we finalised our response to compensation for this appalling tragedy. The whole community’s bravery through immense suffering is what has enabled justice today. I know that many of them will be watching from the Public Gallery. I want to honour their fortitude through their unimaginable pain, as I lay out a more detailed response to Sir Brian’s second interim report on compensation. We will provide the House with a further opportunity to debate the inquiry’s full report after the Whitsun recess. The Government will also respond to each recommendation in full, as quickly as possible, within our comprehensive response to the report.
The Prime Minister confirmed yesterday that the Government will pay comprehensive compensation to those who have been infected and affected as a result of this scandal. I will now set out to the House the scheme that the Government are proposing, and of course, more details of the scheme will be published online today. We are establishing the Infected Blood Compensation Authority—an arm’s length body—to administer the scheme. A shadow body has already been set up, and an interim chief executive officer has been appointed. Today, I am delighted to announce the appointment of Sir Robert Francis at the interim chair of the organisation. The experience and care that Sir Robert will bring to the role will ensure that the scheme is credible and trusted by the community. His support in delivering the scheme will be invaluable.
Those who have been infected or affected as a result of this scandal will receive compensation. To be crystal clear, if you have been directly or indirectly infected by NHS blood, blood products or tissue contaminated with HIV or hepatitis C, or have developed a chronic infection from blood contaminated with hepatitis B, you will be eligible to claim compensation under the scheme, and where an infected person has died but would have been eligible under those criteria, compensation will be paid to their estate. This will include where a person was infected with hepatitis B and died during the acute period of infection.
But, Mr Speaker, Sir Brian could not have been clearer: it is not just the harm caused by the infections that requires compensation. The wrongs suffered by those affected must also be compensated for, so when a person with an eligible infection has been accepted on to the scheme, their affected loved ones will be able to apply for compensation in their own right. That means that partners, parents, siblings, children, friends and family who have acted as carers for those who were infected are all eligible to claim. I am aware that being asked to provide evidence of eligibility will likely be distressing, so I am determined to minimise that distress as much as possible.
I am pleased to confirm today that anyone already registered with one of the existing infected blood support schemes will automatically be considered eligible for compensation. I also give thanks for the dedication and hard work of Professor Sir Jonathan Montgomery and the other members of the expert group, who were critical in advising on how the Government could faithfully translate Sir Brian’s recommendations for the purposes of the scheme. In line with our previous commitments, we will publish the names of those experts today.
In his report, Sir Brian recommended that compensation be awarded with respect to the following five categories: an injury impact award, acknowledging the physical and mental injury caused by the infection; a social impact award, to address the stigma or social isolation resulting from the infection; an autonomy award, acknowledging how family and private life was disrupted during this time; a care award, to compensate for the past and future care needs of anyone infected; and finally a financial loss award, for past and future financial losses suffered as a result of the infection. The Government accept this recommendation with two small refinements, informed by the work of the expert group and designed for simplicity and speed, two other principles that Sir Brian asserted.
First, the care award will be directly awarded to the person with the infection, or to their estate. Secondly, the financial loss award will be paid either directly to the person with the infection, or—where an infected person has tragically died before the establishment of the scheme—to their estate and to affected persons who were dependent on them. Sadly, many people have links to multiple individuals who were infected, or were both infected themselves and affected by another’s infection. As such, multiple injury awards will be offered to reflect the scale of the loss and suffering. The scheme will be tariff-based, and we will be publishing an explanatory document on gov.uk, including examples of proposed tariffs.
However, this is not the end: over the next few weeks, Sir Robert Francis will seek views from the infected blood community on the proposed scheme before its terms are set in regulations, to make sure the scheme will best serve those who it is intended for. Sir Robert has welcomed the Government’s proposals as positive and meaningful, and he will set out more details on engagement with the community shortly.
The inquiry recommended that the scheme should be flexible in its awards of compensation, providing for either a lump sum or regular payments. We agree, which is why the awards to living infected or affected persons will be offered as either a lump sum or as periodical payments. Where the infected person has died, estate representatives will receive compensation as a single lump sum to distribute to beneficiaries of the estate, as is appropriate. We will also guarantee that any payments made to those eligible will be exempt from income, capital gains and inheritance tax, as well as disregard them from means-tested benefit assessments. We will also ensure that all claimants are able to appeal against their award both through an internal review process in the Infected Blood Compensation Authority and, where needed, with a right to appeal to a first-tier tribunal. Our expectation is that final payments will start before the end of the year, and if you permit, Mr Speaker, I would like to return to the House when the regulations are laid later this year to make a further statement with an update on the delivery of the compensation scheme.
I know from my discussions with the community just how important the existing infected blood support scheme payments are to them. I recognise that many people, sadly, rely on these payments, and they are rightly keen to understand what the Government’s intentions are. I want to provide reassurance to all those out there today that no immediate changes will be made to the support schemes. Payments will continue to be made at the same level until 31 March 2025, and they will not be deducted from any of these compensation awards. From 1 April 2025, any support scheme payments received will be counted towards a beneficiary’s final compensation award. This will ensure parity between support scheme beneficiaries regardless of whether they were the first or the last to have their compensation assessed by the Infected Blood Compensation Authority. We will ensure that no one—no one—receives less in compensation than they would have received in support payments.
I recognise that each week members of the infected blood community are dying from their infections. There may be people—indeed, there will be people—listening today who are thinking to themselves that they may not live to receive compensation, so I want to address those concerns, too. Today, I am announcing that the Government will be making further interim payments ahead of the establishment of the full scheme. Payments of £210,000 will be made to living infected beneficiaries—those registered with existing infected blood support schemes as well as those who register with a support scheme before the final scheme becomes operational—and to the estates of those who pass away between now and payments being made. I know that time is of the essence, which is why I am also pleased to say that they will be delivered within 90 days, starting in the summer, so that they can reach those who most need it so urgently.
Before I conclude, I would like to turn to the matter of memorialisation. Many of those who were infected by contaminated blood or blood products have since died—died without knowing that their suffering and loss would be fully recognised either in their lifetime or at all. The lives of most of those who have died remain unrecognised. I note Sir Brian’s recommendations on memorialisation across the UK, and the Government will address those recommendations in detail as part of our wider response to this report.
In conclusion, I know that the whole House will want to join me in thanking Sir Brian and the inquiry for the work that they have done, and pay tribute to all those who have been caught up in this terrible tragedy and who have battled for justice for so long. Yesterday was a day of great humility for everyone implicated in this inquiry, and today I can only hope that, with the publication of the inquiry report and with our firm commitment to compensate those touched by this scandal, the infected blood community know that their cries for justice have been heard. I commend this statement to the House.
The scale of the horror that was uncovered by Sir Brian Langstaff’s report almost defies belief. That is why I pay tribute to the victims of this scandal, who fought so hard for justice. We thank the charities, and the remarkable campaigning work of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), as well as the Father of the House, and the journalist Caroline Wheeler, whose work and book, “Death in the Blood”, did so much to drive this issue forward. I also recognise the significance of the decision made by the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), in establishing the public inquiry. I thank Sir Brian Langstaff and all his staff for their forensic work. I also thank the Minister for regularly briefing me, and for his work in government ahead of today.
One of the most powerful conclusions in this report is that an apology is meaningful only if it is accompanied by action, and it is that I turn to now. I welcome the further interim payments that the Minister has announced, and I repeat our commitment to work on a cross-party basis, and help to deliver the compensation scheme and get the final money to victims as soon as possible.
I welcome the further details that the Minister has given, including the appointment of the interim chair. Sir Robert Francis is saying already that he is seeking the views of the infected blood community, and that is welcome, but does the Minister agree that continuing to hear that voice of victims is crucial?
I also welcome payments being made under the five heads of loss to the infected and the affected. Will the Minister confirm that estimates of the total cost have now been made, and that there will be no undue delay in those final payments reaching victims? Time is of the essence: one victim dies every four days. Will the Minister set out more detail about how the personal representatives of estates will be handled as part of the scheme? Will he also confirm that plans are in place to trace additional people who might be eligible for compensation? Will he say a little more about when we can expect a progress report on Sir Brian Langstaff’s other 11 recommendations, beyond the establishment of the compensation body? I add my support, and that of all Labour Members, to the consideration of appropriate and fitting memorials across the different parts of the UK and, as Sir Brian Langstaff recommends, for victims who were treated at Treloar’s.
On potential criminal charges, will the Minister ensure that all relevant evidence is made available for consideration by the prosecuting authorities and any other necessary support provided? Sir Brian Langstaff’s findings on institutional defensiveness, and on putting the reputation of people and protecting institutions above public service, follow on from other scandals such as Hillsborough and Horizon. That is why we must deliver a duty of candour and the political leadership that we need to replace that culture of defensiveness with openness and transparency. Sir Brian Langstaff’s report challenges us all to make progress on his recommendations. That is what we must now come together to do. The victims deserve nothing less.
As the Prime Minister made clear yesterday, there is no restriction on the budget, and where we need to pay we will pay. We will minimise delays and address the recommendations of Sir Brian Langstaff with respect to speed and efficiency, removing as much complexity as possible. The right hon. Gentleman asked about the representatives of different estates and tracing additional claimants. Those will be matters that the interim chief executive and interim chair will look at carefully. I envisage through the month of June an exercise to engage meaningfully with representatives of the communities, to look at some of the assumptions in the work of that expert panel, which will inform the regulations that we are duty bound to bring to the House within three months of the Victims and Prisoners Bill receiving Royal Assent.
Some of the other matters about appropriate memorialisation, criminal charges and duty of candour, on some of which progress is being made in different ways, are probably best left to some of my colleagues at a subsequent point. As I said, I anticipate that we will have an early opportunity to discuss those matters in full, in a debate soon after the Whitsun recess.
It is 36 years since I was with the first of my friends who I knew had been infected, and 33 years since that person died. Friendships got fractured, and families were changed forever.
One point that I hope my right hon. Friend the Minister will put to his fellow Ministers in the Department of Health and Social Care regards whether those who are still infected in some way can have a kind of national health service passport, so that when they go to get medical attention they are not asked the same questions that my constituents were asked every time: “How much have you been drinking? Why is your liver the way it is?” and all the rest. It is important that young clinicians understand that when they see haemophilia or a whole blood infection, they can take for granted a lot of things that do not need to be asked. That humanity needs to be spread.
I recognise that my right hon. Friend has built on the work of our right hon. Friend the Member for Horsham (Sir Jeremy Quin), and perhaps I may say in a cross-party way that Sue Gray deserves respect for when she led civil servants in that, as do her successors in the civil service who are putting things right.
My final point is this: people are not being awarded lottery sums, although in some way they make up for some of the losses and recognise some of the hurt. For some families who may not have been used to having much money around—indeed, most of them are used to having very little money because of the consequences of infection—there may need to be mediation services in case they do not agree. It would be a good idea if Sir Robert, or others, could consider whether such services could be made available, in the same way that other people who have suddenly come into some degree of money can get some kind of help. Families sometimes do not find it easy to decide how money should be shared.
My hon. Friend mentioned my immediate predecessor, my right hon. Friend the Member for Horsham (Sir Jeremy Quin), but I am aware that a large number of Paymasters General—including my right hon. Friend the Leader of the House, who is sitting alongside me today—have done an enormous amount of work to get us to this point, along with many officials, including James Quinault, who has led the work latterly. I want to acknowledge their contribution; this is not about me.
More broadly, my hon. Friend made some wise observations about the need to ensure that, for the communities who will be given significant sums of money—rightly so, and in line with what they would be entitled to if they went through a legal process—the appropriate framework of support is in place to assist them to receive that money in a way that is not destructive to their lives.
With regard to the composition of the board of the compensation authority, will the Minister guarantee—I have already raised this with him—that it will include representatives of the infected and affected, and that they will have what we believe is their rightful representation on the board? I welcome his comments in relation to hepatitis B. That has always been one of the issues of contention, and some people with hepatitis B have been missing out on the existing schemes. Will he look to find a way so that those with hepatitis B can access the existing schemes? I know that the Scottish Infected Blood Forum has asked him that question.
On interim payments, the Minister mentioned the living. Will he clarify whether interim payments will be made to the estates of those who have sadly passed away? Some people will raise eyebrows about the fact that the interim compensation is less than that for those in the Post Office scheme. Will he give some explanation as to how the £210,000 figure came about?
I echo the comments of the shadow Minister on looking at criminal charges and a Hillsborough law, and I very much welcome his comments on memorial. Does the Minister agree that there are two other lessons: first, Members of this House, regardless of political persuasion, can get together to deliver justice; and secondly, for the general public the key lesson, as shown by those in the infected blood community, is never, ever to give up fighting injustice?
I am grateful to the hon. Gentleman for his endorsement of the appointment of Sir Robert Francis, which seemed to be welcomed in the Gallery. I recognise that what is absolutely critical for the scheme to be successful is full engagement with the communities and that the explanation of how the scheme has been constructed and any concerns about the wider support that is needed are interrogated fully before the regulations come back to the House. Throughout, the scheme has been about reconciling speed and efficiency with consultation, which is why it has been done in such a way over the past few months.
The hon. Gentleman made a point about hepatitis B and access to schemes. I will be happy to correspond with him separately on that—obviously, there are lots of technical issues. He asked about the £210,000, which he can see is an irregular amount. That is because I was trying to get the maximum amount that could be universally paid, as quickly as I could, to those who are infected and alive without any risk of paying the wrong amount, and that is the amount that I was advised. What is really important is that we get to the examination of entitlements and what that balancing payment is, and get that payment out as quickly as possible. This is not a stalling tactic; it is about trying to reconcile the competing priorities of responsible stewardship of taxpayers’ money and getting payments made as quickly as possible for the most vulnerable in our community.
With regard to memorialisation, on these matters there will need to be wide engagement and I do not want to make binding commitments today. I have said what I have said, and I or another Minister will return to that in due course.
With respect to the five loss categories, my hon. Friend makes a legitimate point about a specific additional burden that is a consequence of these conditions. That matter will no doubt be raised by some in the communities. The structure of the scheme is based around: injuries, social impact, autonomy, care and financial loss. Clearly, social impact and autonomy capture a range of unspecific things—a basket of goods, if you like—that people will not have been able to procure at the same cost. I cannot give him a specific answer on that, but Jonathan Montgomery and his team of experts have done everything they can to look at the law, consider what the entitlement would be in different circumstances and give their best assessment, and those sorts of conversations will happen with the communities in the coming weeks.
May I also welcome the appointment of Sir Robert Francis as interim chair of the infected blood body? It is worth reflecting on what Sir Brian put in his report yesterday about the Government’s failure to respond to Sir Robert Francis’s compensation framework document, which the Leader of the House commissioned when she was Paymaster General, and which the Government promised several times to respond to. That was never published.
Because we have also not had a proper written response to the second interim report from Sir Brian last April, will the Minister set out whether all 18 recommendations are being accepted by the Government? If not, why not? Will he confirm how the Government will ensure that the compensation authority is accountable directly to Parliament, as recommended by the infected blood inquiry?
Sir Robert Francis and I had a number of conversations about the interaction between Government and the expert group, and the logic that I used to get to the heads of loss and the scheme today. I am delighted that he is prepared to facilitate engagement with the communities.
I have also been mindful of the principle of the Government managing public money while also recognising Sir Brian’s imperative to set up a body that is at arm’s length from Government, in order to generate some trust with a very vulnerable community. Reconciling those two has not been straightforward. The right hon. Lady asked about the accountability of the arm’s length body. These matters will need to be discussed further with respect to the regulations that we must lay before the House.
A number of my predecessors have done a lot of work on this issue. I am pleased that we have made significant progress, but there is an intense amount of work to be done to deliver this over the next three months. I look forward to working constructively with her, as Sir Robert Francis does, to ensure that we get this to the right place as quickly as possible.
The Prime Minister said that a travesty like this should never be allowed to happen again. Like the PACAC Chair, I think that rests on the duty of candour that Sir Brain Langstaff recommended. That means a legally enforceable duty of candour for the entire public service, not just some promise. As it turns out, the Minister has in front of him the opportunity to do that. On Report today in the Lords is the Victims and Prisoners Bill, which includes a clause that imposes a duty of candour in a very limited way. Can my right hon. Friend look at that clause and expand it to cover the whole public sector under all circumstances?
I welcome the Paymaster General’s announcement of a compensation scheme based on tariffs, but can I tell him, from my experience as a member of the Horizon Compensation Advisory Board, that the big work starts now in terms of agreeing the levels of those tariffs? Will the Government pay individual claimants’ legal bills, because they will need some legal advice on that? Could I also echo what the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley), said? A lot of money is going to be paid out to people. We will get unscrupulous individuals trying to prey on people. Can I suggest that we ensure that they get financial advice and support when those payments are made?
The right hon. Gentleman made a very reasonable point about claims by unscrupulous people; the question here is how we can put safeguards in place while expediting the claims of those who have qualified. He also made a reasonable point about the professional support of lawyers and financial advisers. That, too, is at the top of my mind as I learn from some of the other scandals with which I became familiar in my role as Economic Secretary to the Treasury. I will take those to heart in future.
Some of the things that happened were completely against the values of the institutions that those individuals were part of. We need to examine this fully and come to terms with it, and make sure that it can never happen again.
I also have in mind a current constituent, whom I will not name and with whom I work regularly on this issue. He has asked me to point out that the support schemes are, as per the Minister’s statement, due to change. He and I would be very grateful for as much clarity as possible on those schemes, which will be needed by many of the people involved.
Finally, may I urge the Minister and his colleagues in the Government to bring forward the regulations as soon as possible? If I understand it correctly, Sir Robert Francis may take a number of weeks. He has mentioned the month of June, and we have heard the figure of five weeks, so can I take it that we may see the regulations in July, which would allow, I hope, all Members—not just a selected Committee—of this House to do their job in scrutinising those regulations and get the job done as fast as possible?
With respect to the timeframe, the Government submitted to a three-month obligation to bring those regulations forward from Royal Assent of the Bill, which will happen, I think, in June or July. Of course, there will be time where we have to lay them before the House. I want to make sure that we do that in the most timely way possible. The purposeful intent, with the engagement under Sir Robert’s leadership, is to make sure that that is meaningful but also addresses the imperative around time.
The truth is, Parliament was misled repeatedly over decades. In all those decades, there was not a single Select Committee report into infected blood. We did not do our job properly, so is it not time that we do have change in the way we do our parliamentary and Government politics in this country, perhaps with a bit more power in Parliament, rather than always in Government? Would it not be a good idea if it was always the people first, not the Government first; and the people first, not the institution or the Department first; and the people first, not the party first? Does not that require placing a legally enforceable duty of candour not just on Ministers through the ministerial code, which I think should be in statute, but on all our civil servants?
“How many more of us will have to go to the grave before a full and final settlement is achieved?”
Sadly, his father passed away in 2018. He then said:
“My dad had to jump through hoops”
to get help; people came to assess him regularly. That cannot be right. The Minister said that the assessment will be done as quickly and as widely as possible. May I ask that the test for qualification be as wide as possible, and that things be done as quickly as possible, so that people get the justice they need?
I did say that the interim payments of £210,000 would be paid within 90 days, starting this summer. I also said that the full payments will start by the end of this year; I confirm that is the calendar year, to remove any ambiguity. The Chancellor and the Prime Minister have been clear that we will pay whatever it costs. I cannot tell the hon. Lady what that number is, because we have not yet finalised the severity bandings and verified the work on the tariffs. That is the meaningful engagement we are having with the communities, supervised by Sir Robert Francis. As for the numbers affected, there is obviously a wide range. We are talking about the number who qualify by virtue of the qualification of the infected person. Exact numbers do not exist. I set out who can access the scheme; the principal is that the scheme is accessible to them, and the Government will pay whatever it costs to meet those obligations.
When the Minister said that compensation would not impact means-tested benefits, I felt a sense of relief, but we also know that there will be difficulties when Departments and computer systems have to speak to each other. Can I push the Minister to confirm that the community’s voices will continue to be heard by the arm’s length body, and that we will be able to adapt and change the scheme where necessary to ensure that it works on the ground, because I know that he has worked so hard for that to happen?
“faster resolution to the infected blood scandal compensation before it is too late for myself and others to see full and final resolution”.—[Official Report, 18 January 2024; Vol. 743, c. 1016.]
Sadly, Nigel was too ill to contact me again, but his sister mentioned that she did not want him to be the latest statistic in this horrible affair. Nigel passed away on 9 March. He was just 63 years old. I spoke to his partner earlier this morning, and he is absolutely devastated. They had lived together for over 20 years and he dedicated his life, giving up his career, to be Nigel’s full-time carer. That 90 days will seem like 90 years for them, so on his behalf, I ask the Minister: can this timeline be expedited as soon as possible?
In saying that, I want to ask about Sir Brian’s 12 recommendations. The timeline for implementing all of the recommendations, which go across Departments, will mean taking this to the Cabinet to ensure that all Departments address the aspects of this report that affect them. I want to see a timeline for the date by which we will ensure the implementation of all 12 recommendations.
We want to be as accessible as possible to all those who qualify, and we want to make the verification process for those who qualify as straightforward as reasonably possible. That is the guiding principle. I cannot give the details here today, but I will return to my hon. Friend’s point in future.
I want to ask a few specific questions. The Minister said that he could not set the interim payments above £210,000 because of a fear of the safety of those payments. Is he therefore implying that £210,000 is the potential minimum payment that he expects? It is lower than the minimum interim payment for sub-postmasters, so I would like some clarity on what that means.
The Minister also says that he expects the payments to start within 90 days. Does he mean 90 days from now, to be completed by the summer, or a 90-day period in the summer? That was not quite clear.
Finally, public inquiries are at the gift of the Prime Minister. There is no formal way of agreeing to an inquiry, apart from campaigners and Members such as my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) forcing the Prime Minister to take action, which does not seem like a coherent way to right wrongs in this country. Will we start to think about a proper public inquiries reform that includes a duty of candour, a public advocate and a way for Committees of this House to launch such inquiries when serious matters occur?
On the timing, I said that the payments will happen within 90 days, beginning in the summer. I cannot say which day of the summer, but 90 days is the time period.
The hon. Gentleman, like Sir Brian, spoke about how public inquiries are initiated. How that would be implemented is a matter for further conversation in subsequent weeks and debates.
I add my voice to those calling for this to be a watershed moment in public transparency. On behalf of David, can I ask for real progress as urgently as possible, so that David and others can start to think about moving on from these appalling events?
The setting up of the Infected Blood Compensation Authority is very welcome, and I echo those who have called for the body to be made accountable to Parliament, but will the Government consider going further and potentially setting up an independent body to monitor and follow up all such recommendations and inquiries? Without such a mechanism, without such a body, there is a risk of a significant accountability gap, because no one is directly charged with the effective oversight of the implementation of all these recommendations.
One of the challenges on accountability is when recommendations made outside this place encounter the need for delivery. Sometimes that means that things have to be done slightly differently, but they meet the spirit of the recommendations. We need to make sure that, in the accountability mechanism, there is sufficient scope to recognise that challenge, otherwise we will be in a position of making false judgments. The spirit of what the hon. Lady says needs to be taken forward, and the Government need to reflect on that thoughtfully.
“We hope that the Government will now consider the whole issue of compensating those so tragically affected by the contaminated blood disaster, instead of making token, derisory, ex-gratia payments.”
It has taken a further 14 years for Government to follow the lead of the courts, and now the inquiry, in calling for justice for Andrew and the thousands of other victims. From 2010 we attended countless meetings, debates and briefings, and heard warm words from a succession of Health Ministers. Nothing happened for years, then matters proceeded at a glacial pace. What mechanism will be enforced to ensure that the scheme announced today is implemented with rigour and urgency?
The hon. Gentleman makes points about accountability. We have an obligation within three months of Royal Assent to make regulations that will activate the arm’s length body. We have a shadow entity in place, an interim CEO and an interim chair, and engagement is planned for the coming days, with 20 people to be employed by the end of next week. I will continue to work with anyone and everyone across the House to ensure that we meet expectations.
“current annual payments under the support schemes should be continued…and guaranteed for life”
and that such payments should only be taken into account
“in assessing awards for future financial loss or care provision”.
It was not immediately clear to me that what the Minister said today is consistent with that recommendation and its implementation. Could he provide that clarity now, because this is very important for people listening?
My constituent David Farrugia tragically lost his father 40 years ago due to this appalling scandal. Can I press the Minister for more detail on the specifics of how the scheme will work for bereaved children and parents of victims? How and when will they be able to register for compensation?
The hon. Gentleman asked about his constituent David and bereaved children. The principle is that affected and infected individuals qualify in their own right. The passporting of affected individuals to qualify, based on the infected and the estates of infected, is clear. The details of how that process will happen will become very clear very quickly. We will make resources available through a website, and people can register for updates so that they can receive them as quickly as they wish. Forgive me, I cannot say more than that today, but I think I have set out the principles of how this will operate. The operationalisation needs to happen quickly, and I will provide updates on that in due course.
Yesterday and today, from both sides of the House we have heard the line, “Lessons have been learned. Action will be taken.” I imagine that that is exactly what we would have heard if we were here in 1972 when the thalidomide scandal broke. Since then, we have had OxyContin, Vioxx and Primodos—the list goes on and on, all the way to the experimental covid-19 vaccines today.
Does the Minister agree that the only real lesson that has been learned has been learned by the public—that they cannot trust any Government to protect them from unsafe medicines and treatments? Crimes have been committed. It is a crime to cover up a crime. When are the arrests going to start? If they have to include current and former Members of this House, so be it.
Will the Minister give a cast-iron guarantee that the general election due to be held this year will not delay any part of this process? We cannot have a situation where the structures and procedures of this place, which have so long protected those in power and allowed them to do harm, will thwart the justice in progress for all our constituents.
“recognise the deaths of people to date unrecognised”,
including to bereaved parents, children and siblings. The Minister met with Haemophilia Wales a fortnight ago and will be aware there are 28 such cases in Wales. In his statement he made reference to interim payments, but will he clarify that interim payments for previously unrecognised deaths, including those in Wales, will be made? Will he be specific about when individuals will receive those payments? Will they be paid through the Wales infected blood support scheme, or will they have to wait for the UK compensation scheme to be established?
The second interim payment for the living infected is £210,000, building on the £100,00 at the end of 2022. That will happen within 90 days, starting in the summer, and it will be given through the existing infected blood compensation scheme’s interim payments in order to expedite it as quickly as possible. Then we will update in the autumn with respect to the balance in payments, which, as Members will recognise, is part of a bigger payment that people will be entitled to, and how that works according to the journey of work and engagement with the communities over the next few weeks.
I wish to say well done to the Minister, because I think he has delivered. He has answered questions and reassured people genuinely well about some of the outstanding issues. I had suspected that I would be called last in this statement, so I will just say to him that he will know what is now required. I think he has the compensation side of it right, but it is the responsibility and accountability side of the equation that now has to be addressed. He has talked about a debate when we come back after Whitsun. He has hinted that other Departments will be looking at all of this, but we need to know what tangible effort and energy will be put into this to ensure that the people responsible are held to account for the decades of obfuscation, of not taking responsibility and for the lies that came to us as Members of Parliament from Ministers and officials. When will we hear about the solid action that will be taken to address all of this?
On the point about existing compensation schemes, there has been some concern from a number of people about what has been announced today. In answer to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), the Minister said that they would be shaped by people, and that these schemes would not simply be abolished, but he has put a firm deadline of 31 March 2025, so can he outline exactly how people will be part of that process so they do not feel that they have lost out once again in this process?
I wish to ask the Minister about what he said in his statement about interim payments. I am not clear whether the six constituents who have been in touch with me will be eligible for those because he said that interim payments will be made to living infected beneficiaries, and to the estates of those who passed away between now and payments being made. It is not clear to me whether, if somebody tragically passed away yesterday, their estates would be eligible for that; nor is it clear from the interim report whether all such people would be eligible until the final scheme is in place. It would be perverse, would it not, if children whose parents have died or adults who have tragically lost their children might not be eligible for these interim payments. Can I ask for some clarity on that eligibility because there are people who should not be losing out—they have already suffered too much—and they should be eligible for these payments as soon as possible.
Victims have highlighted what they deem to be a lack of recognition and a lack of accountability. Today, there is a recognition, yet I feel that within the accountability there must be safeguards to ensure that similar medical experimental methods cannot be permitted to take hold and bring these devastating results ever again. Does the Minister not agree that, while we cannot put right the wrong, we can and must safeguard future children and adults and that this dreadful family-destroying, heartbreaking, life-changing lesson is one which we have all unwillingly and, indeed, shamefully learnt?
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