PARLIAMENTARY DEBATE
Infected Blood Inquiry: Government Response - 18 December 2023 (Commons/Commons Chamber)
Debate Detail
First, and most importantly, the suffering of the victims must be recognised. The distress and trauma that each individual has faced as a result of this tragedy is unimaginable, and the Government understand that no measures can fully compensate for the losses and hardships that they have suffered. The priority here must be to ensure that victims get the justice they deserve.
With the interim compensation payments issued last October, the Government recognised the immediate and urgent needs of those most severely impacted. This was the start of the process, not the end. The Government have accepted the moral case for compensation, and I am fully committed to ensuring that we bring this matter to its long-awaited conclusion.
In April 2023, the Government welcomed the publication of the infected blood inquiry’s second interim report, which set out a detailed framework for compensation for both those infected and those affected by infected blood, and it is a significant step towards the culmination of the inquiry’s deeply important work.
The inquiry has taken a wide-ranging and innovative approach to compensation, and I was pleased to see that the Government’s commissioning of Sir Robert Francis KC’s compensation study assisted in the inquiry’s work. It is now a year on from the Government’s acceptance of the moral case for compensation, and I understand the calls for urgency. I know that, from many of those infected and affected, there is anger and frustration with the Government’s response so far.
The inquiry’s recommendations are not without complexity, and it would be inappropriate for the Government to prejudge the findings of the final report. For these reasons, the Government are not yet in a position to share any final decisions on compensation. However, Members on both sides of the House have made it clear that we must do right by the victims, and the Government recognise this. I am personally committed to making sure that we do that.
I also give enormous credit to the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) on her continuing hard work to advocate for the victims of the infected blood scandal. The Government recognise the strength of feeling across the House on this matter and the importance of what the amendment seeks to achieve.
The Government are working through the implications of the amendment. Cabinet Office officials worked hard under my predecessor, my right hon. Friend the Member for Horsham (Jeremy Quin), to develop this policy, and we are reviewing this work in the light of the amendment made two weeks ago today.
I am also pleased to provide the House with an update on the wider progress we have made in this area, and on the steps we are taking to address the concerns of this House. First, I announce that the Department of Health and Social Care will fully implement a bespoke psychological service for people infected and affected by infected blood products, delivered by NHS England. Our intention is for this service to go live in early summer 2024. We recognise the harrowing impacts of the infected blood scandal and the psychological impact this has had on many infected and affected individuals. This announcement is an important step for victims in England. The service will provide tailored support to meet the unique needs of infected and affected individuals.
The Government are also urgently appointing clinical, legal and social care experts to advise the Cabinet Office on detailed technical considerations early in the new year, which will ensure that the Government have the relevant expertise to make informed choices in responding to the inquiry’s recommendations on compensation.
Finally, I reiterate the commitment that the Government will seek to provide an update to Parliament on next steps through an oral statement within 25 sitting days of the inquiry’s final report being published. As my predecessor made clear both to this House and to the inquiry, there are a number of technical issues that must be considered as they will have a significant impact on public finances. It is important that any decisions on compensation funding are taken carefully, and the House should expect the Government to work through the associated costs to the public sector while, at all times, considering the needs of the community and the far-reaching impact that this scandal has had on their lives.
The victims of the infected blood scandal deserve justice and recognition. Their voice must be heard, and it is our duty to honour not only those still living and campaigning but those who have passed without recognition. This is my highest priority, and I will continue to progress this work with all the urgency it deserves. I commend this statement to the House.
The amendment to the Victims and Prisoners Bill passed by this House makes the will of this House, on a binding and cross-party basis, absolutely clear. I applaud the work of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), the campaigning and advocacy organisations, the all-party group on haemophilia and contaminated blood, the journalist Caroline Wheeler and all who have worked tirelessly to bring us to this point. I, too, pay tribute to the bravery of the victims of this scandal, who, over decades, have suffered for far too long.
The Government have repeatedly accepted the moral case for compensation, as indeed the Minister did today. On Report, the Minister of State in the MOJ was also definitive in committing that the Government will
“put in place the necessary legislative framework and timescales for a delivery body for compensation for the victims of infected blood to be established, in line with the overall objectives set out”—[Official Report, 4 December 2023; Vol. 742, c. 136-37.]
in the amendment tabled by my right hon. Friend. I say to the Minister: there is no need to wait for the Bill to come back or for the inquiry to publish its final report before making the required urgent progress on setting up the basis for the compensation scheme. The Government should make good on the spirit of that commitment and recognise the will of the House, not least because a commitment to act was also given in the King’s Speech.
I am not suggesting for a moment that this is not a complex matter. However, as my right hon. Friend the shadow Chancellor and I have repeatedly made clear, we are open to working on a cross-party basis to shape a compensation scheme that can deliver justice urgently. The Government should now establish an arm’s length body to deliver compensation payments, which will allow some of the preparatory work to be done while we wait for those final recommendations. As with any arm’s length body, the Government will be responsible for appointing the chair and the members, and setting the budget and the rules for the scheme and its administration, including on decision making and accountability. I am also conscious that compensation will apply to those infected in Scotland, Wales and Northern Ireland and that there is important work to do with devolved Governments. Of course, I welcome what the Minister said in his statement about psychological support, but will he please tell us why there is a need to wait until the summer of next year for it to go live, given how long this matter has been going on?
I would be grateful if the Minister would also address the following questions. Why can the Government not commit to beginning the steps in January, not just to take the technical advice that he has referred to, but to bring forward primary legislation early in the new year to enable the establishment of the compensation scheme, given that this House has shown its support for that? Will he also commit to continuing to work closely with all the victims’ groups in the future, so that their voice is heard throughout the establishment of the compensation scheme? To the extent that he has announced a timetable today, when might people receive the final compensation? This is so pressing because, on average, one person dies every four days as a result of this scandal. Will he also give a commitment that the Government will act on each and every recommendation in the inquiry’s report? He mentioned a statement 25 working days after the publication of that report, but he did not give a timetable for action on those recommendations—will he give that to the House in his response? Finally, will he confirm what preparatory work is being done by the Treasury? Will he commit to being as transparent as possible about that process? The Government have admitted both the case for compensation and the need for urgency. This House has shown strong cross-party support for action. It now falls to Ministers to deliver urgently.
The right hon. Gentleman asked a number of specific questions. I want to deliver psychological support as quickly as possible, working closely with NHS England on provision of support and allowing people to have direct access to it. I will do everything I can to bring that forward by June, at the latest, I hope. A few months ago, I made an announcement about clinical, legal and social care advisers. Contact has been made with individuals and there will be ongoing conversations to get those people in place as early as possible, so as much work as possible can be done along the lines I have set out.
The right hon. Gentleman asked about the 18 recommendations and when people will receive further clarification on Government compensation. Those are substantive matters that will be attended to as quickly as possible, in line with what I have already said. On 17 January, the inquiry will issue a notification about when that report is expected, which will give clarity on the timetable to which we are working. I assure the House that we are doing everything we can to work across relevant Departments, including the Treasury, to ensure everything is delivered as quickly as possible.
I say to the Minister and, through him, to our right hon. Friend the Member for Horsham (Jeremy Quin), the Minister’s predecessor, that we are not doing enough, fast enough. How many months have passed since Sir Robert Francis produced his report? I hope the Minister will confirm that it is about 20 months. How many months have passed since Sir Brian Langstaff produced his final recommendations on compensation? It is about eight months. Those are the relevant issues.
The fact that the Government will act 25 working days after Sir Brian’s final report comes out next year does not deal with the issue of what the affected and infected need and should get now. If it is a question of money, how much and the cashflow for the Government, they should say so now. There is nothing that can be said on compensation 25 days after the report comes out that could not be said now, so please will the Minister say it?
On 5 April, Sir Brian Langstaff published his final recommendations relating to compensation. Crucially, he recommended that interim payments be made to bereaved parents and children in respect of deaths as yet unrecognised. To date, the Government have not responded in practical terms to any of those recommendations. The Government’s position continues to be to wait for the full report expected next spring before considering whether to extend the compensation. That heaps insult upon injury to those affected and their families, as every four days another victim of this scandal dies. Time is of the essence for those affected. To delay this full compensation is to stand against justice and all that is morally and ethically right. To delay compensation to those who are literally running out of time is cruel and unnecessary. This Government need to rethink and listen to the will of this House, as expressed on 4 December in the face of shameful opposition from those on the Government Benches, and deliver justice and full compensation.
Where is the urgency? The Minister has used the words “urgency” and “urgent” several times today, but it does not feel to those who are affected that there is any urgency from the Government to address the great wrongs and losses that they have suffered.
Today, given the expressed will of this House, we were hoping for a timeline from the Government for when a full compensation body would be established and operational. Again, sadly, all we have is delay and obfuscation. Does the Minister feel no shame in coming here today to give a statement that says nothing?
“I recommend that a compensation scheme should be set up now and it should begin work this year.”
What exactly does the Minister not understand in that statement? This statement today will cause huge anguish to victims of the 50-year-old scandal and, in noting that the Prime Minister whipped Conservative Members to vote down the new clause on 4 December, fuel their suspicion that the Government are still playing for time, even though they accept the moral case. This therefore is adding one final insult to injury. Will the Minister tell us why the Prime Minister can find what the Deputy Prime Minister said yesterday is unlimited funding for the Rwanda policy, but is still pushing back, after a five-year public inquiry, against compensation—and even interim compensation for the groups that have never received anything—for people who have suffered so much for so long after what the state did to them?
“Today, one of our members has died. He was infected with Hepatitis C through infected Factor VIII blood products. Two weeks ago, he was diagnosed with cancer (caused by his Hepatitis C) and now has died without seeing justice. These stories are sadly familiar within our community.”
That is the reality for so many people who have been affected, including my own constituents; I spoke to them years ago and was convinced of their case for justice. Who else is holding this up elsewhere in the Government?
“a catalogue of soul destroying, humiliating neglect and ultimately alienating experiences”
and told me that it is now 30 years since her parent died,
“and the intense sense of loss and pain remains profound and is felt every single day.”
People infected and affected need tangible action now to help to alleviate that suffering. The question the Minister has to answer is when he will establish a full compensation body and when that will become operational.
I think we all know, as we have heard in a couple of questions from Conservative Members, why the Government have tried to delay compensation for so long; they are clearly hoping that it will be another Government’s problem. Perhaps the Minister can help me to understand. He says that he recognises the
“distress and trauma that each individual has faced,”
so why has it taken until today to announce a bespoke psychological service for people infected and affected by infected blood products, and why will it take until the summer to set up that service?
“This lack of transparency is causing great stress and anxiety to those of us at the heart of this NHS treatment disaster, who have already waited decades for our loss and suffering to be recognised.”
When the Government committed to a statement before Christmas, there was an expectation that there would have been further progress on the compensation scheme, and I do not think that was an unreasonable assumption. In the absence of that, what assurances can I give Eileen and her family that she will be recognised by this Government and that she will be compensated?
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