PARLIAMENTARY DEBATE
Infected Blood Compensation Scheme - 2 September 2024 (Commons/Commons Chamber)
Debate Detail
I am grateful for the opportunity to update the House on the Government’s work on the infected blood compensation scheme, following my letter to Mr Speaker during the recess.
The infected blood scandal is a shameful mark on the British state, and those who have been impacted have waited far too long to receive financial redress and true recognition of their suffering. The inquiry’s report shed light on the trauma inflicted on thousands of people across the country. The voices of people who are infected and have been affected have gone unheard for far too long, which has compounded the trauma. The devastating findings of the report bear repeating: victims were used as objects of unethical research, and people were misled about the treatments they needed and received. As Sir Brian Langstaff KC put it, there was a “cover-up” that was
“more subtle, more pervasive and more chilling”
than an “orchestrated conspiracy to mislead”. It is a shameful part of our state’s recent history.
On 26 July, I updated this House on the engagement exercise being undertaken by Sir Robert Francis KC, interim chair of the new Infected Blood Compensation Authority, with the infected blood community on the compensation proposals that were published on 21 May. As I told the House, the Government were carefully considering Sir Robert’s feedback with a view to publishing his report and the Government’s position on it in advance of 24 August, which was the statutory deadline imposed by the Victims and Prisoners Act 2024 for establishing the infected blood compensation scheme in regulations. I assure the House that this Government upheld that commitment, and I thank all the officials who worked in the Cabinet Office to ensure that that deadline was met.
On 16 August, the Government published on gov.uk an update on the infected blood compensation scheme, Sir Robert Francis’s report on his engagement exercise, and the infected blood inquiry response expert group’s final report. I met with some representatives of the community and with Health Ministers from the devolved Administrations, and I made calls to parliamentarians on both sides of the House so that they were informed of the Government’s progress prior to publication.
I have come to the House today to provide the Government’s update on next steps, but I would like to acknowledge the work and the valued contributions of Sir Robert Francis and the expert group appointed by the right hon. Member for Salisbury (John Glen) at the start of the year. It is the Government’s intention to deliver a comprehensive compensation scheme at the earliest possible opportunity, in order to provide justice and closure to the infected blood community, which has historically been neglected and mistreated.
I put on record my thanks to Sir Robert Francis. Through both his compensation framework study in 2022—which was taken into account in the inquiry—and his recent engagement exercise in June with key representatives of the community, he has contributed greatly to the development of the infected blood compensation scheme. He listened to the concerns of the community, and his most recent report took on board both those concerns and other feedback from a diverse group of representatives.
Sir Robert made 74 recommendations to the Government, covering a wide range of areas, including the future of the current infected blood compensation schemes, additional supplementary awards for those who were subjected to unethical medical research, and amendments to the five key heads of loss that inform the total compensation package for victims. The Government accepted the vast majority of those recommendations: 69 of the 74 were accepted. For the five that the Government have not accepted, it is because we believe that a different solution will be more practical and better for the victims.
The Government heard the infected blood community’s concerns about the 21 May proposal to phase out the regular infected blood support scheme payments upon delivery of compensation payments. I know that that proposal was causing great anxiety to those in receipt of, and reliant upon, those payments. The Government have listened, and we have changed the compensation proposal accordingly. Regular support scheme payments for those registered before 1 April 2025 will continue for life as part of the compensation package.
Support scheme payments are not the only thing to change. In the next set of regulations we will enhance the total compensation package to introduce a supplementary additional autonomy award of £10,000 for those who were subject to unethical medical research, as a specific acknowledgement of the impact on their personal freedom. That award will be uplifted to £15,000 for those who were subjected to research at Treloar’s college as children, as recommended by Sir Robert. I want to make it clear to the House that those payments will be on top of the comprehensive compensation package currently set out in the regulations that a person will receive.
Another of the community’s concerns about the 21 May proposal was the social impact award for affected individuals. Again, following feedback, we are increasing that award for individuals who are assumed to have lived in the same household as an infected person for two years or more.
The scheme has been designed in line with the principles of the inquiry, having regard for
“speed of provision, simplicity of process, accessibility, involvement, proactive support, fairness and efficiency.”
We recognise that this means that the scheme will not cover every circumstance in the way an individual assessment would, so in order to ensure that every applicant is justly compensated, we have introduced a health impact supplementary route for additional compensation.
Sir Robert produced a wide-ranging report following the engagement exercise and some of his recommendations relate specifically to the delivery of the scheme. Although it is for the Government to deliver the design of the scheme and to ensure that the legal framework to deliver it is in place via new regulations—and we remain committed to doing that—it is of course the case that the Infected Blood Compensation Authority will be administering the scheme.
We welcome the recommendations and we are confident that the authority, of which Sir Robert is the interim chair, will work tirelessly to operationalise and implement the compensation scheme as soon as possible, so that money can be passed to victims at the earliest opportunity. I would also like to thank the infected blood inquiry response expert group, which has informed the Government’s development of the infected blood compensation scheme.
As Sir Robert recommended, we have published the expert group’s final report, which provides more detail on the rationale for decisions taken on the scheme design. The expert group report includes detailed descriptions of each of the heads of loss that make up the total compensation package, the clinical markers used to determine severity bandings, and the formulae for the care award and financial loss award.
As I have referenced, the Victims and Prisoners Act 2024 required the Government to establish the infected blood compensation scheme by 24 August. I am pleased to confirm to the House that on 23 August we laid the regulations that will give the Infected Blood Compensation Authority the powers necessary to pay compensation through the core route to the infected, both living and deceased. This will allow individuals who were infected with HIV, hepatitis C or hepatitis B through the use of contaminated blood or blood products to receive the compensation they so wholly deserve. Personal representatives of those who have tragically passed away as a result of their infection will be able to apply for compensation on behalf of their loved ones.
The Government are clear that although laying the regulations relating to infected individuals taking the core route is an essential step to delivering justice, the work is not finished. A second set of regulations will provide for other elements of the compensation scheme, including compensation payments to affected individuals and for claims under the supplementary route. We are committed to delivering this second set of regulations when parliamentary time allows, to ensure that those applying under these routes can start receiving payments in 2025. The Government’s plans regarding that second set of regulations are in the documents available on gov.uk.
It is an important step to have the compensation scheme enshrined in law, but I know that many people will want to know exactly when they can expect to receive their compensation. The Infected Blood Compensation Authority will deliver the compensation scheme and I know the interim chief executive and his team are working hard to put the operational systems in place with the aim of beginning payments by the end of this year. That will involve user testing with members of the community who have volunteered to help the authority to ensure that it is designed to address the specific needs of applicants.
Those who are registered with the infected blood compensation schemes will have their details shared with the Infected Blood Compensation Authority, to deliver on the promise that the Government will endeavour to make the process as user-friendly and free of distress as possible. Beneficiaries of the infected blood compensation schemes will be contacted in due course regarding the sharing of their data with the Infected Blood Compensation Authority.
I am grateful for the opportunity to update the House today on this important work. The victims of the infected blood scandal have waited far too long for justice, and I am encouraged that we are now beginning to deliver this long-awaited compensation. I undertake to continue to update the House as this work progresses. I commend this statement to the House.
The Paymaster General rightly reminds the House of the gruesome nature of this part of our state’s recent history with respect to the infected blood scandal. He points to the fact that people were misled over treatments they needed and received, and Members on both sides of the House will need to take ownership of the enormous delay in bringing justice to those who have suffered so much over several decades.
I am grateful for the Paymaster General’s update on the work that the previous Government commissioned. After the infected blood inquiry’s final report was published on 20 May, we took swift action to establish the Infected Blood Compensation Authority on 21 May, when we also appointed Sir Robert Francis as interim chair of the authority and asked him to work with Sir Jonathan Montgomery as chair of the expert group to undertake an engagement exercise with the infected and affected communities. The right hon. Gentleman kindly updated the House on 26 July, when he confirmed that he was considering the outputs of that engagement exercise.
Those conversations were always intended to be a critical step in ensuring that the Government—whichever Government—delivered a final scheme that brought justice to the deserving victims, and was seen by them to do so. I welcome the Government’s determination to continue listening to the concerns of the infected and affected communities.
Could the Paymaster General confirm whether thought has been given as to how representatives of the infected and affected communities will be embedded in the organisational structures of the compensation authority? In my 18 meetings across the UK in May, it was very clear to me that their levels of trust in any Government would likely remain low, so determining exactly how their voices will be heard in future is critical.
In essence, the statement acknowledges that the Government have met their obligation under the statutory deadline imposed by the Victims and Prisoners Act to lay regulations to enable the scheme to be operationalised by 24 August. I warmly welcome that. The statement makes it clear that the Government will accept 69 of the 74 recommendations of Sir Robert’s June engagement exercise, and they offer a better practical solution for the five that they do not accept. Having read them, that seems sensible.
As the Paymaster General will know, however—I recognise the pressure that he will feel—what victims want to hear from him is when all the regulations will be laid, when the claims will be processed, and when the deserved payments will be transferred into victims’ bank accounts. The statement does not offer anything specific in that regard. I would welcome any further details on the timetable for the laying of further regulations pertaining to the infected communities core route for compensation delivery.
As the Paymaster General knows, those communities have suffered the most and the urgency of their need for the final balancing payment remains acute. Today’s statement does not give them clarity on the timetable they can expect. It was my understanding that the Infected Blood Compensation Authority was aiming to make the final balancing payments on the core route by the end of 2024. I think he committed to that, and it would be good if he reconfirmed that in his response.
I will move on to the supplementary route outlined in the statement, which involves a commitment to provide a supplementary additional autonomy award of up to £15,000 to those subjected to unethical medical research. Further, a recommendation to increase the social impact award for affected individuals has been accepted. We on the Opposition side of the House support these new developments, but I have a few questions about the implications for delivery.
I ask the Paymaster General to clarify the additional autonomy awards for unethical medical research, especially for the nearly 100 haemophiliac children from Treloar’s, who the Government have now stated will be paid a higher £15,000 award. Comments have been reported from some in the Treloar’s community who appear unhappy with these relatively modest supplementary amounts. It would be helpful if he reiterated and explained how unethical research can be quantified, graded and added to the heads of loss that already take account of loss of autonomy and social impact.
Furthermore, it continues to trouble me that those who determined that this research should take place in the first place appear unaccountable for those decisions. I recognise that is not the Paymaster General’s personal responsibility, but we need to keep that in focus in the broader response to Sir Brian Langstaff’s report. May I also ask when the estates of the infected who have died will be paid? Many thousands of individuals who have lost family, friends and loved ones will be entitled under the terms of the scheme, and they now need to know a realistic timeline for those payments to be made. Equally, when will the work to evaluate the affected communities’ individual entitlements begin, and what is the timeframe for when payments will be made to those qualifying individuals?
Finally, I would like to address the decision of the Government to continue the existing payments of the infected blood support scheme beyond the final payment from the Infected Blood Compensation Authority. There is now surely a risk of administrative complexity whereby victims continue to interact with existing support schemes and the newly enabled authority. I urge the Minister to consider the trade-offs between efficient speedy delivery of final compensation packages with administrative overlaps and the confusion arising amid a very troubled and vulnerable group of distinct communities that can often disagree with each other.
I conclude by thanking the right hon. Gentleman sincerely for his openness and clarity about what he is intending to do. However, I urge him to bring more specificity on the timelines for different communities to this House as quickly as he is able. I note he acknowledges that the victims have waited too long for justice, and I am encouraged that the Government are beginning to deliver, but as he used to urge me, speed is of the essence, and granular timetables that some of his officials will be reticent for him to specifically commit to are now required if good will is to be generated from the combined efforts of all parties in this House in 2024.
The right hon. Gentleman asked me about some of the timelines. In respect of the estates of deceased infected persons, there will be a further interim payment of £100,000, and applications for that will be open from this October—next month. I can confirm, as he asked me to, that the timetable for payments to the infected on the core route should start to be made by the end of this year. In relation to the affected, which he also asked me about, I would expect those payments to start to be made next year.
The right hon. Gentleman also asked about the payments for unethical medical research. I should say to the House that no amount of money is ever going to make up for the horrors we have seen as part of this scheme, but the recommendations made to us by Sir Robert Francis were in the sum of £10,000 for unethical medical research generally, and because of the very specific breach of trust at Treloar’s, that those payments should be £15,000. The Government have accepted those figures, and these amounts of compensation serve as a marker of those appalling unethical medical practices. However, it should be pointed out that, given the other heads of loss, that will form but a small part of the overall amounts I would expect to be paid out under this scheme.
On accountability, the shadow Paymaster General will be only too aware that individual prosecutorial decisions are quite rightly independent decisions for the prosecuting authorities. However, I can confirm that on 9 August I wrote to the National Police Chiefs’ Council—I think he has had sight of that letter—to make it clear that the Cabinet Office and, indeed, the Government will co-operate fully and make any evidence within our control and possession available, as appropriate, so that decisions can be made about people being held to account.
The final point the shadow Paymaster General made about complexity is a sound one, and I think one of the priorities—and I know it is a priority for Sir Robert Francis —is to ensure that the Infected Blood Compensation Authority operates in a way that does give those making claims to it the most appropriate possible experience with appropriate support from caseworkers. I think it is absolutely essential that it does that.
I am grateful to the Minister for keeping in contact and keeping me informed of progress on this matter. I have two constituents who are directly affected—one affected and one infected. My constituent’s husband, who died 30 years ago, was a former Treloar’s pupil, and she has recently received a payment, but there is no written explanation of what she has received. She does not know if it is for her, her son, her husband, or all three of them, and she does not know how it is going to be delivered, including whether it will be through her husband’s estate and if that will plunge her back into probate. Some affected people are still experiencing issues.
My other constituent is a former Treloar’s pupil, and he is upset about the £15,000 payment and does not think it is anywhere near enough. I think this shows that those people who have been campaigning for 40 years want to be more involved in the decisions being made about them. I hear what the Minister has said, but I certainly think that they want to hear how they are going to be engaged so that they can make their voices heard about the issues. While generally welcoming what has been proposed, they want to be able to influence things as they go forwards, and I would like to hear from him how he thinks that can be achieved.
On my hon. Friend’s second point, he is absolutely right that the voice of victims must continue to be heard. I think the consultation exercise that took place during the general election campaign was hugely important. It is important that the Government listened and made the substantial changes to the scheme we have made on that basis. It is hugely important, too, that the voice of victims continues to be heard as the infected blood compensation scheme continues its work, and I know that is a shared priority for Sir Robert Francis. On the £15,000, can I also say that we accepted that recommendation in full from Sir Robert Francis? It is a marker of the appalling unethical medical research, but as I said in my response to the shadow Paymaster General, the overall awards, which appear under five different heads of loss, will of course be substantially larger, and that is a very small part of them.
An important thing to bear in mind is the trust that was broken with those families over what they went through, and we need to continue to work to re-establish that. So I would ask the Paymaster General if he will continue to update this House, but also to recognise that, in setting out the timeline, phrases such as “when parliamentary time allows” and “in due course” put doubt in people’s minds. People have been let down too often before, and they need more reassurance. Can he tell us more about the timeline, can he reassure them and can he reassure all of us that he will continue to come to this House regularly with updates, when possible?
On the health impact supplementary route, the regulations have set up the core route. That health impact special route has been set up because there will be circumstances in which the health impact and condition is not quite captured by the core tariffs under the scheme. This route has been put in place to make the package more individualised. Again, I undertake to the House that action will be taken as swiftly as possible.
The Paymaster General will know my long-held position on this issue. Indeed, in years past, we have both stood up from the Opposition Benches at all times to speak on this issue, so I know he will be in absolute agreement that compensation must be prioritised. He has stated that, but realistically when does he believe that the roll-out will be completed? Will Members have access to the route to compensation, so we can help ensure that our constituents receive what they have needed for far too long from Government—that is, not from the Paymaster General specifically, but from this Government and the Governments that came before?
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.