Before I call the Minister, I should say that he will take longer than is usual for a statement, and I totally agree with the extra time. I am just letting the other Front Benchers know that there will be some extra time.
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 meet over 40 representatives of the infected blood community, in Cardiff, Edinburgh, 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 scheme. A shadow body has already been set up, and an interim chief executive officer has been appointed. Today, I am delighted to announce the appointment of Sir Robert Francis at the interim chair of the organisation. The experience and care that Sir Robert will bring to the role will ensure that the scheme is credible and trusted by the community. His support in delivering the scheme will be invaluable.
The infected blood scandal is one the gravest injustices in our history, and a profound moment of shame for the British state. Yesterday, the Leader of the Opposition apologised on behalf of Labour Governments of the past, and the Prime Minister did the same on behalf of all Governments and the country. I join them today in saying a deep and heartfelt sorry.
The scale of the horror that was uncovered by Sir Brian Langstaff’s report almost defies belief. That is why I pay tribute to the victims of this scandal, who fought so hard for justice. We thank the charities, and the remarkable campaigning work of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), as well as the Father of the House, and the journalist Caroline Wheeler, whose work and book, “Death in the Blood”, did so much to drive this issue forward. I also recognise the significance of the decision made by the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), in establishing the public inquiry. I thank Sir Brian Langstaff and all his staff for their forensic work. I also thank the Minister for regularly briefing me, and for his work in government ahead of today.
One of the most powerful conclusions in this report is that an apology is meaningful only if it is accompanied by action, and it is that I turn to now. I welcome the further interim payments that the Minister has announced, and I repeat our commitment to work on a cross-party basis, and help to deliver the compensation scheme and get the final money to victims as soon as possible.
I welcome the further details that the Minister has given, including the appointment of the interim chair. Sir Robert Francis is saying already that he is seeking the views of the infected blood community, and that is welcome, but does the Minister agree that continuing to hear that voice of victims is crucial?
I also welcome payments being made under the five heads of loss to the infected and the affected. Will the Minister confirm that estimates of the total cost have now been made, and that there will be no undue delay in those final payments reaching victims? Time is of the essence: one victim dies every four days. Will the Minister set out more detail about how the personal representatives of estates will be handled as part of the scheme? Will he also confirm that plans are in place to trace additional people who might be eligible for compensation? Will he say a little more about when we can expect a progress report on Sir Brian Langstaff’s other 11 recommendations, beyond the establishment of the compensation body? I add my support, and that of all Labour Members, to the consideration of appropriate and fitting memorials across the different parts of the UK and, as Sir Brian Langstaff recommends, for victims who were treated at Treloar’s.
I thank the right hon. Gentleman for his collegiate tone and for the constructive approach he has taken throughout our conversations and in his response this afternoon. I totally embrace the need to continue the dialogue with victims. That is why I was pleased that Sir Robert Francis agreed to take on that role, having done the study into compensation. We have obviously met a number of times, and I have explained to him what Jonathan Montgomery and the experts panel did. I am pleased that he has got to a point where he is sufficiently satisfied to move forward in this way.
As the Prime Minister made clear yesterday, there is no restriction on the budget, and where we need to pay we will pay. We will minimise delays and address the recommendations of Sir Brian Langstaff with respect to speed and efficiency, removing as much complexity as possible. The right hon. Gentleman asked about the representatives of different estates and tracing additional claimants. Those will be matters that the interim chief executive and interim chair will look at carefully. I envisage through the month of June an exercise to engage meaningfully with representatives of the communities, to look at some of the assumptions in the work of that expert panel, which will inform the regulations that we are duty bound to bring to the House within three months of the Victims and Prisoners Bill receiving Royal Assent.
Some of the other matters about appropriate memorialisation, criminal charges and duty of candour, on some of which progress is being made in different ways, are probably best left to some of my colleagues at a subsequent point. As I said, I anticipate that we will have an early opportunity to discuss those matters in full, in a debate soon after the Whitsun recess.
The House will understand that my remarks will be subsidiary to those of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson).
It is 36 years since I was with the first of my friends who I knew had been infected, and 33 years since that person died. Friendships got fractured, and families were changed forever.
One point that I hope my right hon. Friend the Minister will put to his fellow Ministers in the Department of Health and Social Care regards whether those who are still infected in some way can have a kind of national health service passport, so that when they go to get medical attention they are not asked the same questions that my constituents were asked every time: “How much have you been drinking? Why is your liver the way it is?” and all the rest. It is important that young clinicians understand that when they see haemophilia or a whole blood infection, they can take for granted a lot of things that do not need to be asked. That humanity needs to be spread.
I recognise that my right hon. Friend has built on the work of our right hon. Friend the Member for Horsham (Sir Jeremy Quin), and perhaps I may say in a cross-party way that Sue Gray deserves respect for when she led civil servants in that, as do her successors in the civil service who are putting things right.
My final point is this: people are not being awarded lottery sums, although in some way they make up for some of the losses and recognise some of the hurt. For some families who may not have been used to having much money around—indeed, most of them are used to having very little money because of the consequences of infection—there may need to be mediation services in case they do not agree. It would be a good idea if Sir Robert, or others, could consider whether such services could be made available, in the same way that other people who have suddenly come into some degree of money can get some kind of help. Families sometimes do not find it easy to decide how money should be shared.
I thank my hon. Friend for his comments, and I pay tribute to him for the work that he has done and for his constructive engagement with me over the past six months, and over many previous years. He made the point about his friend and the stigma that some of the victims have had to endure, which is why injury and social impact are reflected in the heads of loss under the scheme. He also made some observations about how better awareness of some conditions can be taken forward. I will discuss that with ministerial colleagues—several from the Department of Health and Social Care are in their places today.
My hon. Friend mentioned my immediate predecessor, my right hon. Friend the Member for Horsham (Sir Jeremy Quin), but I am aware that a large number of Paymasters General—including my right hon. Friend the Leader of the House, who is sitting alongside me today—have done an enormous amount of work to get us to this point, along with many officials, including James Quinault, who has led the work latterly. I want to acknowledge their contribution; this is not about me.
More broadly, my hon. Friend made some wise observations about the need to ensure that, for the communities who will be given significant sums of money—rightly so, and in line with what they would be entitled to if they went through a legal process—the appropriate framework of support is in place to assist them to receive that money in a way that is not destructive to their lives.
Yesterday was an emotional day for many of us. I am privileged to be at Central Hall with my constituents Cathy Young and her two fantastic daughters, Lisa and Nicola. I join the Minister in paying great tribute to the infected blood community. That community gave Sir Brian Langstaff a standing ovation yesterday—a sight that will never leave me. May I echo the Public Gallery’s reaction to the appointment of Sir Robert Francis? It is an excellent appointment. Will the Minister confirm that Sir Robert Francis will be able to meet the all-party parliamentary group on haemophilia and contaminated blood as well as others in the House?
With regard to the composition of the board of the compensation authority, will the Minister guarantee—I have already raised this with him—that it will include representatives of the infected and affected, and that they will have what we believe is their rightful representation on the board? I welcome his comments in relation to hepatitis B. That has always been one of the issues of contention, and some people with hepatitis B have been missing out on the existing schemes. Will he look to find a way so that those with hepatitis B can access the existing schemes? I know that the Scottish Infected Blood Forum has asked him that question.
On interim payments, the Minister mentioned the living. Will he clarify whether interim payments will be made to the estates of those who have sadly passed away? Some people will raise eyebrows about the fact that the interim compensation is less than that for those in the Post Office scheme. Will he give some explanation as to how the £210,000 figure came about?
I echo the comments of the shadow Minister on looking at criminal charges and a Hillsborough law, and I very much welcome his comments on memorial. Does the Minister agree that there are two other lessons: first, Members of this House, regardless of political persuasion, can get together to deliver justice; and secondly, for the general public the key lesson, as shown by those in the infected blood community, is never, ever to give up fighting injustice?
I thank the hon. Gentleman for his engagement and for the points he has made today. I was there yesterday for the two hours of Sir Brian Langstaff’s presentation of his report, which was a moving moment for all of those who have suffered and waited for so long.
I am grateful to the hon. Gentleman for his endorsement of the appointment of Sir Robert Francis, which seemed to be welcomed in the Gallery. I recognise that what is absolutely critical for the scheme to be successful is full engagement with the communities and that the explanation of how the scheme has been constructed and any concerns about the wider support that is needed are interrogated fully before the regulations come back to the House. Throughout, the scheme has been about reconciling speed and efficiency with consultation, which is why it has been done in such a way over the past few months.
The hon. Gentleman made a point about hepatitis B and access to schemes. I will be happy to correspond with him separately on that—obviously, there are lots of technical issues. He asked about the £210,000, which he can see is an irregular amount. That is because I was trying to get the maximum amount that could be universally paid, as quickly as I could, to those who are infected and alive without any risk of paying the wrong amount, and that is the amount that I was advised. What is really important is that we get to the examination of entitlements and what that balancing payment is, and get that payment out as quickly as possible. This is not a stalling tactic; it is about trying to reconcile the competing priorities of responsible stewardship of taxpayers’ money and getting payments made as quickly as possible for the most vulnerable in our community.
With regard to memorialisation, on these matters there will need to be wide engagement and I do not want to make binding commitments today. I have said what I have said, and I or another Minister will return to that in due course.
I thank the Minister for what he said and how he said it. I know that he, the Prime Minister and, in particular, the Chancellor, who is sitting next to him, will make this right. Clearly, the majority of Sir Brian’s recommendations are for the health and social care sector, and the Health and Social Care Committee, which I chair, will play its part, working with the Health Secretary—I see her in her place—and NHS England to ensure that all the recommendations are implemented, unlike with some previous accepted patient safety recommendations. May I ask the Minister about the five loss categories? They make every sense, and I note his two small refinements, but will the financial loss award reflect the reality that many infected blood victims, to give just one example, cannot access life insurance?
I thank the Chair of the Select Committee for his comments. I also thank the Chancellor for his unwavering commitment to resolving this in a timely way, both when I was Chief Secretary and now in this role.
With respect to the five loss categories, my hon. Friend makes a legitimate point about a specific additional burden that is a consequence of these conditions. That matter will no doubt be raised by some in the communities. The structure of the scheme is based around: injuries, social impact, autonomy, care and financial loss. Clearly, social impact and autonomy capture a range of unspecific things—a basket of goods, if you like—that people will not have been able to procure at the same cost. I cannot give him a specific answer on that, but Jonathan Montgomery and his team of experts have done everything they can to look at the law, consider what the entitlement would be in different circumstances and give their best assessment, and those sorts of conversations will happen with the communities in the coming weeks.
I welcome the Minister’s statement today. Reflecting on the fact that he has talked about those infected and affected being fully engaged, I gently remind him of the maxim “No decision about us without us”, and of the lack of transparency so far in the expert panel. It is only today that we will learn the names of the people who have been advising the Government.
May I also welcome the appointment of Sir Robert Francis as interim chair of the infected blood body? It is worth reflecting on what Sir Brian put in his report yesterday about the Government’s failure to respond to Sir Robert Francis’s compensation framework document, which the Leader of the House commissioned when she was Paymaster General, and which the Government promised several times to respond to. That was never published.
Because we have also not had a proper written response to the second interim report from Sir Brian last April, will the Minister set out whether all 18 recommendations are being accepted by the Government? If not, why not? Will he confirm how the Government will ensure that the compensation authority is accountable directly to Parliament, as recommended by the infected blood inquiry?
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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, and where an infected person has died but would have been eligible under those 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. 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 for 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 distress 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 also 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 purposes of the scheme. In line with our previous commitments, 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 the 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. As such, 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 on gov.uk, including examples of proposed tariffs.
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 the scheme will best serve those who it is intended for. Sir Robert has welcomed the Government’s proposals as positive and meaningful, and he will set out more details on engagement with the community shortly.
The inquiry recommended that the scheme should be flexible in its awards of compensation, providing for either 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 as 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 disregard them from means-tested benefit assessments. We will also ensure that all claimants are able to appeal against their award both through an internal review process in the Infected Blood Compensation Authority and, where needed, with a right to appeal to a first-tier tribunal. Our expectation is that final payments will start before the end of the year, and if you permit, Mr Speaker, 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 of these 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 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 most need it so urgently.
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 those recommendations in detail as part of our wider response to this report.
In conclusion, I know that the whole House will want to join me in thanking Sir Brian and the inquiry for the work that they have done, and pay tribute to all those who have been caught up in this terrible tragedy and who have battled for justice for so long. Yesterday was a day of great humility for everyone implicated in this inquiry, and today I can only hope that, with the publication of the inquiry report and with our firm commitment to compensate those touched by this scandal, the infected blood community know that their cries for justice have been heard. I commend this statement to the House.
On potential criminal charges, will the Minister ensure that all relevant evidence is made available for consideration by the prosecuting authorities and any other necessary support provided? Sir Brian Langstaff’s findings on institutional defensiveness, and on putting the reputation of people and protecting institutions above public service, follow on from other scandals such as Hillsborough and Horizon. That is why we must deliver a duty of candour and the political leadership that we need to replace that culture of defensiveness with openness and transparency. Sir Brian Langstaff’s report challenges us all to make progress on his recommendations. That is what we must now come together to do. The victims deserve nothing less.