Part of Petitions – in the House of Commons am 1:13 pm ar 20 Rhagfyr 1991.
I congratulate the hon. Member for Edinburgh, East (Mr. Strang) on seeking this opportunity to raise a subject of understandable concern which undoubtedly arouses deep sympathy in all of us. It is a tragedy that people have become infected with HIV through blood transfusions or through tissue transfer. I join the hon. Gentleman in expressing my sympathy for those affected by this unfortunate tragedy which has blighted the lives of those infected and the lives of their families.
I recognise that the hon. Gentleman has a longstanding and special concern about the whole question of HIV and AIDS. He spoke particularly of the situation in Edinburgh. He will know that the prevalence of HIV and AIDS varies in different parts of the country. I visited Edinburgh earlier this year to meet Dr. Mok and many others involved in the provision of services. I visited the new hospice in the centre of Edinburgh and saw much of the medical treatment available for those suffering from HIV and AIDS, whatever the cause.
In a sense, the hon. Gentleman's debate is about how people contracted HIV and AIDS. That is the point that he seeks to make, but he, of all people, will also be aware that the development of appropriate services, support and care for those suffering from this fatal disease has been a major challenge and a major priority for us all.
The Government's response to the hon. Gentleman's comments cannot just be a matter of sympathetic words. We are taking steps to ensure that appropriate services and treatment are available to those with HIV and AIDS and that appropriate services and treatment are available to the blood transfusion and tissue recipients and to all others who are infected.
We are seeking as far as possible to alleviate and delay the effects of the infection. We continue to support research and that support amounts to about £31 million during the past five years; about £500 million has been put by the Government into the development of services and treatment for people with HIV and AIDS. This year, the substantial ring-fenced funds of £160 million for the national health service and other organisations are the Government's contribution to preventing the further spread of HIV and providing diagnosis, treatment, care and support services.
Next year those resources are being increased to almost £200 million. That shows a clear commitment to the development of services in this country, which leads the world in the provision of care, support and treatment for those suffering from HIV and AIDS.
As I say, the hon. Gentleman has long identified the threat to public health and the enormous difficulty facing individuals and families. He sponsored the AIDS (Control) Act 1987 which, through its reports, gives the Government and health authorities a strong strategic tool with which to monitor the progress and effectiveness of their prevention and treatment efforts in the area of AIDS and the use of the earmarked money.
Earlier this year I was also able to give the initial results of the anonymised HIV sero-surveys. Hon. Members will be aware that fact is much better than fantasy in the area of HIV and AIDS. It was essential in terms of the development and planning of services, particularly in the light of the large ring-fenced sums of money available for the work, that we should have a better estimate of the prevalence and spread of the disease.
The hon. Gentleman referred to the situation in Edinburgh. Our figures demonstrated that the prevalence of HIV infection among women attending ante-natal clinics in certain parts of inner London was 1 in 500. As a result of those figures, I established the AIDS action group, which I chair. The group is studying ways of reaching key population groups and ways of co-ordinating work across a number of sectors. It will enable us to build on and to make widely known the tremendous amount of effective work already being carried forward locally. The task is urgent and we are making rapid progress. The hon. Gentleman will be aware that there are similar developments in Scotland.
The time has come with the development of services, prevention and support for those with HIV and AIDS to ensure that we have an effective way of ensuring that all those who are infected or increasingly affected by HIV and AIDS receive the support and care that they deserve.
The debate concerns those infected through blood transfusion and tissue transfer. I can assure the House that all practical steps are being taken to safeguard our blood supply, of which we are justly proud. Those engaging in high-risk activities associated with HIV are not accepted as blood donors and all donations are tested for HIV antibodies. Tissue donors are also tested and by such means we seek to prevent a recurrence of this appalling and unforeseen tragedy.
I hope that the hon. Gentleman and other hon. Members will acknowledge the substantial measures taken by the Government to ensure that appropriate treatment, care and support are provided for those with HIV and to protect against any recurrence of this tragedy. Difficulties have arisen on the issue of compensation and are of concern to the hon. Gentleman. Governments of all parties accept that when there has been negligence in treatment the national health service should compensate those who have been damaged. It is for individuals to decide whether to pursue such cases and, until now, the main avenue of redress has been the courts.
As the hon. Gentleman may know, we are consulting on proposals for an arbitration scheme in respect of claims for negligence against the health service. That follows a suggestion by Lord Griffiths in his address to the annual conference of the Law Society in October 1990 that claims for compensation could, with the agreement of both parties, be considered by a small panel of medical and legal experts working on paper and applying the normal principles of negligence under common law. Any damages awarded would not be limited and would be calculated according to established guidelines. Such a system might provide a simpler, quicker and cheaper route for those who opted to use it in preference to the courts. If the suggestion meets with general support, perhaps we could develop a pilot trial in one or two regional health authorities.
Of course, the avenue of legal action is open to blood transfusion recipients infected with HIV. The hon. Gentleman sought to argue that for this group the Government should go further and provide compensation without any need to show negligence—that we should compensate, effectively, on a no-fault basis.
Earlier this year the House carefully considered the merits and demerits of a no-fault compensation scheme when the hon. Member for Greenwich (Mrs. Barnes) presented her NHS (Compensation) Bill for Second Reading. On a free vote, the Government and the House rejected that Bill. That was certainly not because we lacked sympathy for the victims of medical accidents. As I hope we have shown, the contrary is the case. It is the duty of government to consider the wider implications for policy of any such major proposals. Any workable scheme of no-fault compensation would be enormously costly, and in attempting to solve one set of problems it would create another. Inevitably, there would be unfairness because those injured through NHS treatment would be compensated, while those injured or disabled through natural causes would not. Severe difficulties over causation would remain. The accountability of those providing treatment could also be reduced. There could be substantial cost implications if the awards were not to be unacceptably small, which is the case in some countries that have adopted such a scheme.
The proposals that I have mentioned offer a much better hope of finding a workable way forward for our current system. Following the full debate on 1 February when the Secretary of State for Health addressed the House, the House decisively rejected the principle of no-fault compensation for those injured because of NHS treatment when no negligence had been demonstrated. No one can underestimate the difficulties of these questions and of the decisions involved. Inevitably, there will be further demands on finite NHS resources. I have spoken about the way in which we have deliberately and determinedly invested additional resources in the development of services for those with HIV and AIDS.