– in the House of Commons am 5:44 pm ar 2 Medi 2024.
Thank you, Madam Deputy Speaker; I think this is the first time that I have spoken with you in the Chair, so I congratulate you on your election.
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
On
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 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
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
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
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.
I thank the Paymaster General not only for early sight of the statement, but for his communications with me over the recess, when he kindly updated me and gave me advance notice of his intention to make a statement to the House today.
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
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
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.
I am grateful to the right hon. Gentleman not only for his work in Government in seeking to deliver this compensation package, but for the constructive tone he has taken in responding to the statement. I will try to deal with the issues that he raised. First, he is right to raise the continuing importance of engagement with the infected and the affected, which I know is a priority for Sir Robert Francis in how he conducts the business of the Infected Blood Compensation Authority.
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
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.
Thank you, Madam Deputy Speaker. I congratulate you on your new position.
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.
I am very grateful to my hon. Friend for his question. On the first point he makes about his constituent who has received a payment but without any clear explanation, one of the things the Government are committed to do is to try to make this whole process as clear as we possibly can. If he wants to write to me about that particular case, I can ensure that the explanation and, indeed, the correspondence is looked at appropriately.
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.
I call the Liberal Democrats spokesperson.
I thank the Paymaster General for his statement, for his update and for confirmation that the establishment of the infected blood compensation scheme has been achieved in regulation on deadline. That is a significant step forward, which I think we should all recognise. It is a significant step forward for the families who feel they have waited far too long, and many of us have such constituents. I do, and I also have a constituent whose family were very close family friends, so we witnessed what they went through for four decades.
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?
I am grateful to the hon. Lady for the constructive tone of that contribution and her recognition of the importance of meeting that deadline. She is entirely right to raise the issue of trust and I am very conscious of that in all the work I carry out in this area. She is also entirely correct to raise the issue of timetabling because it is hugely important to the victims and there are three things I would say. On the estates of deceased infected people, there will be the opening next month, in October, of interim payments of £100,000. The final payments to infected people that go down the core route of this scheme will start by the end of this year. And payments to affected people will start next year. The timetabling of appropriate regulations is done with that timetable in mind, to ensure we get those payments to people as quickly as possible.
I thank my right hon. Friend for his statement, but will he outline the categories of loss that victims can claim against the scheme, and how will this inform the size of the compensation award that they can claim?
I am grateful to my hon. Friend. The report sets out the five different areas of loss: those from injury and the social impact, then the autonomy award for the real effect on people’s freedom and family life, and also the loss from the care people have received, and financial loss as well. Those are the major heads of loss under the scheme and it is important to reflect the very different ways in which people were affected. It is also important to accept, as Sir Brian Langstaff set out, that a tariff-based scheme is crucial as well. That is to try to make this process as simple as the Government possibly can and to ensure people receive the justice they deserve.
The infected blood scandal is the health service equivalent of the Post Office Horizon disaster, with the added torture that it has gone on much longer. It took 40 years—over 40 years—before my constituent Lesley Hughes even discovered that the blood transfusion she had been given in 1970 had given her hepatitis C and subsequently cirrhosis of the liver and liver cancer. So although the end now appears in sight, I first raised her case in 2015 and I did not think we would still be waiting for a resolution nine years later; I hope the finishing tape really is at last about to be breached.
The thoughts of the whole House will be with the right hon. Gentleman’s constituent, and I know from my own service in this House in previous Parliaments that he has raised this issue on a number of occasions before. I would say to him, and indeed to this House, that there is no dispute that decades have passed when people should have achieved justice and did not. We had this scandal of infected blood and infected blood products in the 1970s and 1980s, but it was compounded by the failure since to recognise what had gone wrong and to try to make recompense for it; there is no doubt about that. The undertaking I give him is that the Government will push this forward as quickly as we possibly can, and I hope finally we will get to where he wants, which is the position where compensation has finally been paid to those who so richly deserve it.
What progress been made in establishing the Infected Blood Compensation Authority?
Now that the regulations have been laid, as I indicated, it is operationalised, and I know Sir Robert Francis will now be moving as swiftly as he can to be in a position to deliver that final compensation to the infected down the core route and to start those payments by the end of the year.
I thank the Paymaster General for his statement, which is testament to the long-fought campaign for victims, including the campaigning done by my constituents Judith Thomas and Ruth Jenkins, whose husband and brother Christopher Thomas died in 1990. The UK Government have announced that the Infected Blood Compensation Authority will work closely with the devolved Administrations to deliver payments in Wales, and the statement outlined meetings that were held with the devolved Health Ministers. In May, the Senedd heard that the UK Government will bear the costs of the scheme in full. Will the Paymaster General today reaffirm that commitment, and assure victims in Wales that they will not face any delays in compensation?
I can reassure the right hon. Lady that in advance of the action I took in the summer, I spoke to the Health Ministers in Wales, Scotland and Northern Ireland. I am very committed to working with the devolved Administrations. I repeat the commitment that this will be funded by the UK Government. I am also happy to give the commitment that there will not be undue delays, whether in England, Scotland, Wales or Northern Ireland.
For constituents like Justine Gordon-Smith in Edinburgh North and Leith, of whom my right hon. Friend will be aware, the resolution to this scandal can be achieved only when Governments work together, so I appreciate those reassurances. What actions have my right hon. Friend and his colleagues taken to drive forward the results with the Scottish Government?
I entirely agree on the importance of the Governments across the United Kingdom working together on this issue, and that is exactly the approach that I took in doing this work over the summer, and as I indicated to Liz Saville Roberts, I repeat my commitment. I spoke to Health Ministers in Scotland, Wales and Northern Ireland before taking this action.
I welcome the fact that the Minister has come to the House so quickly to give the assurances that he has given, but reading the statement, I see quite frequently such phrases as “at the earliest opportunity” and “if the parliamentary timetable allows.” Those who are suspicious will wonder if this will be dragged out. May I ask two questions on the details? The Paymaster General has indicated that those on regular payments can keep them if they so desire, but will that be on top of the compensation package, or will the compensation be adjusted to take that into consideration? Secondly, if people go down the health impact supplementary route for additional compensation, will it delay the payment that they are entitled to, or will the comprehensive package be available to them, with the additional compensation added on after more information is given?
On the first point, the Government are saying that people can have both a continuation of the support schemes and the lump-sum compensation as well. Awards are made under five heads of loss: injury, social impact, autonomy, care and financial loss. The continuation of the support schemes is taken into account for only two of those: the future care element and the future earnings element. The other elements stand alone. That is one of the big changes the Government have made to allow these support schemes to continue.
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.
My right hon. Friend will appreciate that injustice is often compounded by a brutal, faceless and unnecessarily complicated bureaucracy; ostensibly established to right the wrongs, it quite often fails to do that. That is certainly what I have heard from my constituents affected by this scandal. What support in getting compensation will be available to victims of this huge injustice, and will the Infected Blood Compensation Authority have dedicated caseworkers to help people navigate the process?
My hon. Friend raises valid points on behalf of her constituents. Yes, the Infected Blood Compensation Authority will have dedicated trained caseworkers available. Their purpose is to make this process distress-free and as accessible as possible. That is hugely important for the work of the scheme.
I welcome broadly what the Paymaster General has outlined, but I have a couple of points to make. One is around those children and adults who were infected. The £10,000 and £15,000 seem relatively small sums, compared with the overall package, particularly given what those people were subjected to. Secondly, and more broadly, the Paymaster General has outlined the start dates of the process. Is there an end date that he can point to, so that we will know when all the financial compensation is delivered to the victims of the infected blood scandal?
On the first point, the Government have accepted the figures suggested by Sir Robert Francis in full, and I re-emphasise, because it is so important, that these awards are a small part of the overall awards. I am sure that the right hon. Gentleman will look at the tariffs for the core route to see the amounts of money that will be paid out. I am not suggesting for a moment that they can make up for what has happened, but that will give a sense of how much £10,000 or £15,000 is in the totality of the award. He asks for a bit more information about completion. Clearly it is for the Infected Blood Compensation Authority to work as speedily as it can. As I have said, I would expect the infected core route final payments to be made by the end of the year, and payments to the affected to start next year.
The communication with representatives of the Scottish Government is welcome, but can the Minister reassure us that representatives of the infected and affected in Scotland will be listened to as well? Can all payments be excluded, as far as possible, from income when it comes to benefits eligibility? On the administrative point, if people do not respond quickly enough to the data protection query—this is a very big, overwhelming thing to deal with—will they be given support? Can the Minister confirm that they will not be sent just one letter, and will not be left out and not given compensation if they do not respond? They should be given every encouragement and support in making their application, particularly if they find that difficult.
The hon. Lady makes a valid point. What she says about encouragement, support, proactive communication and clarity is hugely important. She is entirely right to raise the issue of victims in Scotland, Wales, Northern Ireland, and indeed England. I am sure that she will appreciate that it was crucial for me, in working with the devolved Administrations, to speak to the Health Ministers in Scotland, Wales and Northern Ireland, but she is entirely right to raise the matter of the voice of victims, too.
At least four of my constituents still live with the consequences of this scandal. Among them is a resident of Kendal who lost her daughter due to infected blood products. She has since raised her grandson, who has of course grown up without his mother. The lack of urgency, clarity and commitment shown by a series of officials and Governments over the past 30 years and more has robbed everyone’s constituents, including mine, of justice. As a result, so many victims tragically lost their life before compensation became available, as we know. Will the Secretary of State commit to ensuring that this year we will see compensation not just for those who were infected, but for those who were affected by the devastating loss of loved ones? Many cases, including that of the constituent I referred to, are deeply complex. Will he personally look at the details I will send him, and ensure that my constituents are aware of what is available, so that they can get support as soon as possible?
The thoughts of the whole House will be with the hon. Gentleman’s constituent on the unimaginable loss of her daughter. If he wants to write to me, I am more than happy to look at those details. I would expect compensation payments to the infected to start by the end of the year, and payments to the affected to start next year.
I put on record my thanks to the Paymaster General for a most positive statement, and for the clear commitment to getting the contaminated blood compensation paid. If I may say so humbly and graciously to the Paymaster General, he has shown the compassion and understanding that the people out there want to hear. The words he has put forward are much appreciated by us as elected representatives, but also by our constituents, so I thank him for that.
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?
I am grateful to the hon. Gentleman for his kind remarks and, as ever, his constructive tone. He raises an important point about how Members of Parliament can continue to raise concerns for their constituents once the Infected Blood Compensation Authority is fully up and running. I am holding a drop-in for Members from across the House tomorrow, and I will endeavour to continue to ensure that as much information as possible is made available to Members, so that they can continue to speak up for their constituents effectively.
I thank the Minister for that statement, particularly perhaps on behalf of all those who have not spoken, but have affected constituents.