PARLIAMENTARY DEBATE
Infected Blood Inquiry Update - 19 April 2023 (Commons/Commons Chamber)
Debate Detail
The Government welcome the publication of the infected blood inquiry’s second interim report, and I would like to thank Sir Brian Langstaff and all those who have contributed. The infected blood inquiry has done a huge amount of work on an intensely complex issue, ensuring that victims’ voices are heard. I have been deeply moved by the testimonies outlined in the latest report, and the victims’ bravery in coming forward should not be overlooked.
The issuing of a second interim report specifically on compensation was not anticipated by the Government until we were informed of it by the inquiry in February this year. However, we very much appreciate and welcome Sir Brian taking this approach. The Government are considering intensely the recommendations outlined in this report, and work is under way at pace across all relevant Departments to respond fully.
My right hon. Friend the Member for Maidenhead (Mrs May) announced the infected blood inquiry in 2017 to examine the circumstances that led to individuals being given contaminated blood and blood products in the UK. The inquiry, chaired by Sir Brian Langstaff, commenced on 2 July 2018, and I would like to reiterate our total endorsement of my right hon. Friend’s point that the
“contaminated blood scandal of the 1970s and 80s…should simply never have happened.”
In tandem with the ongoing inquiry, my right hon. Friend the Member for Portsmouth North (Penny Mordaunt), then Paymaster General, commissioned Sir Robert Francis KC to produce a compensation framework study in anticipation of a recommendation from the inquiry to set up a compensation scheme. The findings of this study were published in June 2022.
Shortly after that, in July 2022, Sir Brian published his first interim report of the infected blood inquiry. In his report, Sir Brian recommended that the Government make interim payments to infected individuals and their bereaved partners. The Government accepted this recommendation in full on 17 August 2022, and interim compensation payments of £100,000 have been paid to those infected individuals and their bereaved partners registered with existing support schemes.
As I said to the House in December:
“We have much to do, but I wish to assure the House…that this is a priority for the Government and we will continue to progress it.”—[Official Report, 15 December 2022; Vol. 724, c. 1251.]
I would like to assure the House that this commitment absolutely remains.
Sir Brian’s most recent report sets out what the inquiry recommends as an appropriate means of compensating both those infected and affected, and the mechanism for delivering that compensation. In doing so, it sets out the complexity of what is a multi-layered issue. The recommendations in his report outline that those infected and affected should be granted legal support, and infected and affected people and the estates of infected people should be able to claim for categories of loss against five awards: injury impact award, social impact award, autonomy award, care award and financial loss award. This is rather than claiming on an individual assessment of each application. In addition, those dissatisfied with their compensation payments should have redress through an appeal to a structure outside the compensation scheme.
The report has also proposed mechanisms that Sir Brian thinks will ensure the fairness of the compensation scheme. He has recommended that the scheme be administered by an arm’s length body, chaired by a High Court judge or equivalent, and advised by legal and medical professionals, as well as the beneficiaries of the scheme. In addition, Sir Brian has proposed that the route through the courts should still remain open to beneficiaries.
Sir Brian has agreed with much of Sir Robert’s study, but there are also differences in approach. For example, Sir Robert outlined in his study that the scheme should be delivered locally in each of the four nations as this was the preference of the victims. Sir Brian has recommended that the scheme be delivered by a central body, while continuing the support provided by the existing infected blood support schemes, which should be continued and guaranteed for life
“by legislation or secure government undertaking”.
There is also divergence in the consideration of scope of those eligible for compensation payments, including the extension of payments to those with hepatitis B, and not providing payments to the estates of those affected.
Sir Brian’s interim report is detailed, and it is only right that the Government will need to consider the complexities it sets out thoroughly when preparing our response. The House will recognise that health is a devolved matter, and I will be discussing the report with my colleagues in the devolved Administrations.
As I said at the start of my statement, the Government welcome the publication of the infected blood inquiry’s second interim report to assist its ongoing work. However, we do not underestimate the complexity of these recommendations, which do need careful consideration. For example, Sir Brian recommends an arm’s length body in which His Majesty’s Government would have no ongoing role beyond providing taxpayer funds as required by the body. On anything like this scale, this would be a new departure, and it does have implications for Government accountability that will need careful consideration alongside how its financial implications will be managed.
However, I would like to reassure the House that while the Government are progressing work to ensure that we are in the best possible position to respond fully at the end of the inquiry, every recommendation by Sir Brian, including in relation to timing and a further interim payment, is receiving intense focus.
My colleagues in the Department of Health and Social Care are aware of issues that Sir Brian has raised in relation to psychological support. Under the current psychological support scheme for England, there is provision for a grant of up to £900 a year, for established beneficiaries and family members, for counselling and talking therapy. The Department of Health and Social Care is undertaking research to look at the psychological support needs so that decisions on commissioning a bespoke service are based on robust evidence and meet the requirement.
In closing, I would like to reiterate the need for pace. People die every week as a result of the impact of the scandal. This Government want to deliver resolution, and we are working at pace across all relevant Departments to consider the recommendations as outlined in this latest report and to ensure that we are best placed to respond to the inquiry’s final report. I commend this statement to the House.
The continued work of the infected blood inquiry is crucial to ensuring that victims’ voices are heard. I had the privilege of meeting victims of this scandal last month, and their stories will stay with me forever. No one should have to experience the pain and anguish they have faced and are still facing. Justice delayed and its continuing delay is justice denied. While we await the conclusion of the report and inquiry, those who were given contaminated blood products are dying at a rate of one every four days. Families have suffered decades of health issues, financial loss and stigma.
Victims—those affected and infected—will have watched the Minister’s statement today with heavy hearts, disappointment and some degree of anger. There seems to be no commitment from the Minister to respond to the second report until the final report is published in the autumn. The interim report was published so that the Government do not have to wait until the final report to take action. We all understand the complexities of this scandal, but I hope the Minister can see that many individuals directly affected still feel angry and unrecognised. Today’s statement does not provide any certainty for the families or children of victims.
To finish, I have five questions for the Minister. First, does he agree with Sir Brian’s statement in the interim report that
“Time without redress is harmful. No time must be wasted in delivering that redress”?
Can he confirm that the “intense focus” he talked about is to achieve the recommendation in the report that the scheme is
“set up now and…should begin work this year”?
Secondly, how can he provide more reassurance to family members of victims, including parents who lost children and children who were orphaned when their parents died?
Thirdly, the Paymaster General talked about work under way. If the Government plan to accept these interim findings, officials must start verifying and registering directly affected people and their families urgently to understand the size of the group and to speed up the payments. Can he confirm whether that is already taking place? Fourthly, will he commit to more regular updates on progress and the direction of travel on this issue ahead of the inquiry’s final report later this year? We should not have to keep squeezing this information out of the Government, because it compounds the pain of the victims.
Finally, will the Paymaster General agree to meet me and the shadow Chancellor of the Duchy of Lancaster, my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), so that we can work together to deliver the justice the victims deserve?
Above all, the hon. Lady is right to refer to the victims, and I am very conscious that there will be tens of thousands of people watching this statement who are desperate to see a resolution. Every time there is another iteration, or a cause for me to be in this place, it is a source of anxiety, concern and worry. I am sure that there is disappointment every time there is another statement and we do not have the final resolution, but we have travelled a long way. This inquiry was announced six years ago, and Sir Brian started work five years ago. I am very grateful to him for producing this interim report. A lot of it is similar to the report by Sir Robert Francis, but there are differences.
We do need to do the work, and on the points the hon. Lady raised, we have been focused on ensuring that at the conclusion of Sir Brian’s inquiry, we are able to come forward in the best place possible, but that does not preclude doing something earlier if we are able and have the means to do so. Registration is not as yet taking place, but I am mindful that whereas for the previous interim payment there was a defined set of people and bereaved partners, if this recommendation is to be taken forward it will require registration, and that inevitably takes time, as we are all aware.
Right hon. and hon. Members will be aware that this statement is no more than an update. I was keen to come to the House to hear the views of hon. Members, and I commit to doing so again as appropriate and as we continue through this process. Work will continue, and of course it would be a pleasure to meet the hon. Lady and the shadow Chancellor of the Duchy of Lancaster if they would like to discuss this matter.
“Time without redress is harmful.”
I suggest that that is rather underplaying it. During “time without redress”, people are passing away. Currently, the infected blood support schemes make regular ex gratia payments to those who are affected and bereaved partners. Will the Government make that provision statutory?
As we know, the infected blood scandal took place before devolution, while healthcare in Scotland was the responsibility of the UK Government. Financial powers to deliver compensation still lie with Westminster. It is therefore entirely appropriate to have a scheme delivered by a central body, as recommended by the inquiry. Over the years, too many delays and denials have impacted victims and their families. Sir Brian Langstaff is spot on when he says in the interim report—we have heard this a couple of times already, but I make no apology for repeating it—that:
“Time without redress is harmful. No time must be wasted in delivering that redress.”
It is therefore imperative that the recommendations to widen the interim compensation payments are carried out, and that should be done before the final compensation scheme is set up. Will the UK Government accept the inquiry’s recommendation that interim compensation payments are widened and delivered without delay? Finally, when will the compensation system’s independent chair be appointed, and can we have a detailed timescale for that?
The hon. Gentleman raises two points about the interim compensation payment being widened and there being no delay in its implementation, and about the appointment of individuals. This all depends on the Government’s response to each of the recommendations—he will accept that—but a number of things could be done to speed up the process. If we were to agree with Sir Brian’s recommendation to have an arm’s length body, there are mechanisms whereby individuals could be appointed on an interim basis, prior to the ALB being formally constituted. All that is in the mix as we work through our response to the report.
Will he set up a register so that those who think they have claims can put their names forward and be able to receive updates from the Government directly, rather than just through the mainstream media?
The words of former Secretaries of State for Health, that the totality has been a failure by the British state and that the pain and suffering has gone on for far too long, are endorsed across the House and by the country as a whole. We want the action that Sir Brian Langstaff has asked for, which is that the scheme should be set up this year.
“It will clearly take political will to act quickly but the circumstances here warrant it,”.
Will the Minister explain to me, and to the thousands of people who will be watching this statement, what exactly is the problem? Why is there not the political will from this Government to deliver justice to this group of people?
On children affected who have lost their loved ones and parents, could there be quicker interim payments? Some of them are really suffering financially, let alone from the loss of their parents. On the five categories, the Minister mentioned social impact; clearly, the loss of a parent is the biggest social impact of all.
My hon. Friend referred to interim payments, as did other hon. Members. All I can say is that there is a clear recommendation from Sir Brian. We are working through all that, and we will return to the House in due course, having had an opportunity to review fully those recommendations.
My hon. Friend raises a good point about recruitment: if an arm’s length body is the way forward, no time should be lost in finding a route for good people with expertise to be brought into the process prior to the formal establishment of an ALB, if that is the route we go down.
On the hon. Gentleman’s second point, he will appreciate why I cannot go through individual recommendations at this stage, but I recognise the extremely strong case that Sir Brian has made for a number of those who have been affected, including carers who have given up a great deal to support others.
“I am furious that you have grudgingly decided to pay interim compensation after she finally could fight no longer, seven weeks after she died…In the meantime, I’m left with grief and nothing else to show for all the misery.”
In addition to all the horrors that my constituent and her mother went through, the daughter is not eligible for compensation as she is not a bereaved partner. Does the Minister think that is fair?
The hon. Lady referred to payments beyond the interim payments that were made last year. Sir Brian has made a very specific recommendation on that. We are not responding to that today, but it is one of the many recommendations that we are working through.
In terms of the psychological needs, different progress has been made around the United Kingdom. There are schemes established in Scotland, Wales and Northern Ireland, and there is £900 available every year in England. Work is being undertaken now to ensure that there will be an appropriate tailored scheme. That work is ongoing and we expect to hear over the next few months what the answer will be on the psychological support scheme. That work is being conducted by ministerial colleagues in the Department of Health and Social Care.
Linda emailed me last night:
“The consequences for me have been devastating. My life has been ruined beyond belief. I lost my husband of 37 years under horrendous circumstances which were hard to bear.”
Decades have gone by and nothing has been done. Of course we welcome the reports, but the Minister must not use them to hide behind and kick the can down the road for the victims. There is clearly cross-party support for taking interim measures, so why does he not get on and do that?
I recognise the determination in all parts of the House to see a resolution to the matter. I also recognise the frustration of the hon. Lady, who I know is reflecting the frustrations of her constituents and many others, but it was only during the Easter recess that the report was delivered. We need to work through it, and we need to come back to the House when we have done that work.
Secondly, in anticipation that the Government will accept the recommendations about the scope of the compensation scheme, will the Minister look to use information from the infected blood support schemes right now to start registering and verifying those who will qualify, to save time further down the line?
On the point about registering potential beneficiaries, I believe that the current infected blood schemes were the basis for the interim payments made last year to those infected and to bereaved partners. Sir Brian is very clear in saying that to widen registration we would need a new scheme that goes further and recognises others who have been infected but who are not included in the infected blood scheme. The hon. Gentleman raises a good point.
I am very pleased that, ahead of the final report, the chairman has issued the recommendation that compensation be given. On compensation for health issues, the reality for many people is that each week that passes means worsening health and more care needed. Compensation would greatly enhance the quality of the end of life for some people who are coming to that stage. The Paymaster General is a Minister with compassion who understands the issue, so while we await the rest of the report, I respectfully ask him to consent to fast-tracking that recommendation, particularly for end-of-life claimants.
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