Infected Blood

Statements

My Lords, with the leave of the House, I shall now repeat in succession two Statements delivered earlier in another place. The first was made yesterday by my right honourable friend the Prime Minister. The second was made earlier today by my right honourable friend the Minister for the Cabinet Office. The first Statement, by the Prime Minister, is as follows:

“Mr Speaker, Sir Brian Langstaff has today published the final report of the Infected Blood Inquiry. This is a day of shame for the British state. Today’s report shows a decades-long moral failure at the heart of our national life. From the National Health Service to the Civil Service, to Ministers in successive Governments, at every level the people and institutions in which we place our trust failed in the most harrowing and devastating way. They failed the victims and their families, and they failed this country.

Sir Brian finds a ‘catalogue’ of systemic, collective and individual failures, each on its own serious, and taken together amounting to ‘a calamity’. The result of this inquiry should shake our nation to its core. This should have been avoided. It was known that these treatments were contaminated. Warnings were ignored, repeatedly. Time and again, people in positions of power and trust had the chance to stop the transmission of those infections. Time and again, they failed to do so.

Sir Brian finds ‘an attitude of denial’ towards the risks of treatment. Worse, to our eternal shame, and in a way that is hard even to comprehend, they allowed victims to become ‘objects for research’. Many, including children at Lord Mayor Treloar College, were part of trials, conducted without their or their parents’ knowledge or consent. Those with haemophilia or bleeding disorders were infected with HIV, hepatitis C and hepatitis B through NHS treatment, through blood clotting products such as factor 8, including those who had been misdiagnosed and did not even require treatment. Many were infected through whole blood transfusions. Others were infected through their partners and loved ones, often after diagnoses had been deliberately withheld for months or even years, meaning that these infections should easily have been prevented.

I find it almost impossible to comprehend how it must have felt to be told that you had been infected, through no fault of your own, with HIV, hepatitis B or hepatitis C; or to face the grief of losing a child; or to be a young child and lose your mum or dad. Many of those infected went on to develop horrific conditions, including cirrhosis, liver cancer, pneumonia, TB and AIDS, enduring debilitating treatments, such as interferon, for these illnesses—illnesses the NHS had given them.

Many were treated disdainfully by healthcare professionals, who made appalling assumptions about the origin of their infections. Worse still, they were made to think that they were imagining it. They were made to feel stupid. They felt abandoned by the NHS that had infected them. Those who acquired HIV endured social rejection, vilification and abuse at a time when society understood so little about the emerging epidemic of AIDS. With illness came the indignity of financial hardship, including for carers, those widowed and other bereaved family members.

Throughout it all, victims and their loved ones have had to fight for justice, fight to be heard, fight to be believed and fight to uncover the full truth. Some had their medical records withheld or even destroyed. The inquiry finds that some government papers were destroyed in

‘a deliberate attempt to make the truth more difficult to reveal’.

Sir Brian explicitly asks the question:

‘was there a cover up?’

Let me directly quote his answer for the House: ‘there has been’. He continues:

‘Not in the sense of a handful of people plotting in an orchestrated conspiracy to mislead, but in a way that was more subtle, more pervasive and more chilling in its implications. To save face and to save expense, there has been a hiding of much of the truth’.

More than 3,000 people died without that truth. They died without an apology. They died without knowing how and why this was allowed to happen, and they died without seeing anyone held to account.

Today, I want to speak directly to the victims and their families, some of whom are with us in the Gallery. I want to make a wholehearted and unequivocal apology for this terrible injustice. First, I want to apologise for the failure in blood policy and blood products, and the devastating—and so often fatal—impact this has had on so many lives, including the impact of treatments that were known or proved to be contaminated; the failure to respond to the risk of imported concentrates; the failure to prioritise self-sufficiency in blood; the failure to introduce screening services sooner; and the mismanagement of the response to the emergence of AIDS and hepatitis viruses among infected blood victims.

Secondly, I want to apologise for the repeated failure of the state and our medical professionals to recognise the harm caused. This includes the failure of previous payment schemes, the inadequate levels of funding made available and the failure to recognise hepatitis B victims.

Thirdly, I want to apologise for the institutional refusal to face up to these failings—and, worse, to deny and even attempt to cover them up—the dismissing of reports and campaigners’ detailed representations; the loss and destruction of key documents, including ministerial advice and medical records; and the appalling length of time it took to secure the public inquiry that has delivered the full truth today.

There is layer upon layer of hurt, endured across decades. This is an apology from the state to every single person impacted by this scandal. It did not have to be this way. It should never have been this way. On behalf of this and every Government stretching back to the 1970s, I am truly sorry.

Today is a day for the victims and their families to hear the full truth acknowledged by all and, in the full presence of that truth, to remember the many, many lost loved ones. But justice also demands action and accountability, so I make two solemn promises. First, we will pay comprehensive compensation to those infected and those affected by this scandal, accepting the principles recommended by the inquiry, which builds on the work of Sir Robert Francis. Whatever it costs to deliver this scheme, we will pay it. My right honourable friend the Minister for the Cabinet Office will set out the details tomorrow.

Secondly, it is not enough to say sorry or pay long-overdue compensation and then attempt to move on. There can be no moving on from a report that is so devastating in its criticisms. Of course, in some areas medical practice has long since evolved, and no one is questioning that every day our NHS provides amazing and life-saving care to the British people. But Sir Brian and his team have made wide-ranging recommendations. We will study them in detail before returning to this House with a full response. We must fundamentally rebalance the system so that we finally address this pattern, so familiar from other inquiries such as Hillsborough, where innocent victims have to fight for decades just to be believed.

The whole House will join me in thanking Sir Brian and his team, especially for keeping the infected blood community at the heart of their work. We would not be here today without those who tirelessly fought for justice for so many years. I include journalists and parliamentarians in both Houses, especially the right honourable Member for Kingston upon Hull North, but most of all the victims and their families, many of whom have dedicated their lives to leading charities and campaign groups, pouring their own money into decades of running helplines, archiving, researching and pursuing legal cases, often in the face of appalling prejudice. It is impossible to capture the full pain and injustice that they have faced. Their sorrow has been unimaginable. They have watched loved ones die, cared for them as they suffered excruciating treatments or provided their palliative care. Many families were broken up by the strain. Hundreds of thousands of lives have been knocked off course, dreams and potential unfulfilled.

But today, their voices have finally been heard. The full truth stands for all to see. We will work together across Government, our health services and civil society to ensure that nothing like this can ever happen in our country again. I commend this Statement to the House”.

My Lords, that concludes the first Statement, by my right honourable friend the Prime Minister. The second Statement, by my right honourable friend the Minister for the Cabinet Office, is as follows:

“With permission, Mr Speaker, I would like to make a Statement following the final report of the infected blood inquiry.

Yesterday, the Prime Minister spoke about the anguish that the infected blood scandal brought to those impacted by it. I want to reiterate his words and apologise again today. I am sorry. The Prime Minister also spoke, on behalf of the whole House, of our gratitude to Sir Brian Langstaff and his team for completing his comprehensive report—seven volumes and 2,500 pages—and of our appreciation of all those who came forward as part of the inquiry.

It was the greatest privilege of my ministerial career to have met over 40 representatives of the infected blood community in Cardiff, Edinburgh, London, Belfast, Birmingham and Leeds, as we finalised our response to compensation for this appalling tragedy. The whole community’s bravery through immense suffering is what has enabled justice today. I know that many of them will be watching from the Public Gallery. I want to honour their fortitude through their unimaginable pain, as I lay out a more detailed response to Sir Brian’s second interim report on compensation. We will provide the House with a further opportunity to debate the inquiry’s full report after the Whitsun Recess. The Government will also respond to each recommendation in full, as quickly as possible, within our comprehensive response to the report.

The Prime Minister confirmed yesterday that the Government will pay comprehensive compensation to those who have been infected and affected as a result of this scandal. I will now set out to the House the scheme that the Government are proposing and, of course, more details of the scheme will be published online today. We are establishing the infected blood compensation authority—an arm’s-length body—to administer the compensation scheme. A shadow body has already been set up and an interim CEO has been appointed. Today, I am delighted to announce the appointment of Sir Robert Francis as the interim chair of the organisation. The experience and care that Sir Robert will bring to this role will ensure that the scheme is credible and trusted by the community. His support in delivering this scheme will be invaluable.

Those who have been infected or affected as a result of this scandal will receive compensation. To be crystal clear, if you have been directly or indirectly infected by NHS blood, blood products or tissue contaminated with HIV or hepatitis C, or have developed a chronic infection from blood contaminated with hepatitis B, you will be eligible to claim compensation under the scheme. Where an infected person has died but would have been eligible under these criteria, compensation will be paid to their estate. This will include where a person was infected with hepatitis B and died during the acute period of infection.

But, Mr Speaker, Sir Brian could not have been clearer: it is not just the harm caused by the infections that requires compensation. All the wrongs suffered by those affected must also be compensated for, so when a person with an eligible infection has been accepted on to the scheme, their affected loved ones will be able to apply for compensation in their own right. That means that partners, parents, siblings, children, friends and family who have acted as carers of those who were infected are all eligible to claim. I am aware that being asked to provide evidence of eligibility will likely be distressing, so I am determined to minimise that as much as possible.

I am pleased to confirm today that anyone already registered with one of the existing infected blood support schemes will automatically be considered eligible for compensation. I give thanks for the dedication and hard work of Professor Sir Jonathan Montgomery and the other members of the expert group, who were critical in advising on how the Government could faithfully translate Sir Brian’s recommendations for the scheme. In line with our previous commitment, we will publish the names of those experts today.

In his report, Sir Brian recommended that compensation be awarded with respect to the following five categories: an injury impact award, acknowledging the physical and mental injury caused by the infection; a social impact award, to address any stigma or social isolation resulting from the infection; an autonomy award, acknowledging how family and private life was disrupted during this time; a care award, to compensate for the past and future care needs of anyone infected; and, finally, a financial loss award, for past and future financial losses suffered as a result of the infection. The Government accept this recommendation with two small refinements, informed by the work of the expert group and designed for simplicity and speed—two other principles that Sir Brian asserted.

First, the care award will be directly awarded to the person with the infection, or to their estate. Secondly, the financial loss award will be paid either directly to the person with the infection or—where an infected person has, tragically, died before the establishment of the scheme—to their estate and to affected persons who were dependent on them. Sadly, many people have links to multiple individuals who were infected, or were both infected themselves and affected by another’s infection, so multiple injury awards will be offered to reflect the scale of the loss and suffering. The scheme will be tariff-based, and we will be publishing an explanatory document, including examples of proposed tariffs, on GOV.UK.

However, this is not the end: over the next few weeks, Sir Robert Francis will seek views from the infected blood community on the proposed scheme before its terms are set in regulations to make sure that the scheme will best serve those it is intended for. Sir Robert has welcomed the Government’s proposals as positive and meaningful. He will set out more details on engagement with the community shortly.

The inquiry recommended that the scheme should be flexible in its award of compensation, providing options for a lump sum or regular payments. We agree, which is why the awards to living infected or affected persons will be offered as either a lump sum or periodical payments.

Where the infected person has died, estate representatives will receive compensation as a single lump sum to distribute to beneficiaries of the estate, as is appropriate. We will also guarantee that any payments made to those eligible will be exempt from income, capital gains and inheritance tax, as well as disregarded from means-tested benefit assessments. We will also ensure that all claimants are able to appeal their award both through an internal review process in the infected blood compensation authority and, where needed, a right to appeal to the First-tier Tribunal. Our expectation is that final payments will start before the end of the year. I would like to return to the House when the regulations are laid later this year to make a further statement with an update on the delivery of the compensation scheme.

I know from my discussions with the community just how important the existing infected blood support scheme payments are to them. I recognise that many people, sadly, rely on these payments, and they are rightly keen to understand what the Government’s intentions are. I want to provide reassurance to all those out there today that no immediate changes will be made to the support schemes. Payments will continue to be made at the same level until 31 March 2025, and they will not be deducted from any compensation awards. From 1 April 2025, any support scheme payments received will be counted towards a beneficiary’s final compensation award. This will ensure parity between support scheme beneficiaries regardless of whether they were the first or the last to have their compensation assessed by the infected blood compensation authority. We will ensure that no one—no one—receives less in compensation than they would have received in support payments.

I recognise that each week members of the infected blood community are still dying from their infections. There may be people—indeed, there will be people—listening today who are thinking to themselves that they may not live to receive compensation, so I want to address those concerns too. Today, I am announcing that the Government will be making further interim payments ahead of the establishment of the full scheme. Payments of £210,000 will be made to living infected beneficiaries—those registered with existing infected blood support schemes, as well as those who register with a support scheme before the final scheme becomes operational—and to the estates of those who pass away between now and payments being made. I know that time is of the essence, which is why I am also pleased to say that they will be delivered within 90 days, starting in the summer, so that they can reach those who are most urgently in need.

Before I conclude, I would like to turn to the matter of memorialisation. Many of those who were infected by contaminated blood or blood products have since died—died without knowing that their suffering and loss would be fully recognised either in their lifetime or at all. The lives of most of those who have died remain unrecognised. I note Sir Brian’s recommendations on memorialisation across the UK, and the Government will address these recommendations in detail as part of our wider response to this report.