(6 months, 3 weeks ago)
Lords ChamberI call the noble Baroness, Lady Campbell of Surbiton, who is taking part remotely.
My Lords, I declare an interest as my first husband, Graham Ingleson, died from infected factor 8 in the early 1980s, aged 32. I welcome the Government’s amendments and am really grateful for the significant time the Minister has given me since Committee to understand the concerns of the infected blood community and to look at ways to address them in the Bill. The Government have shown signs that they are listening as we know from the proposals before us, including provision for interim payments. As we heard in the debate on the Government’s Statement last week, they acknowledge that the community must have a role in the infected blood compensation authority itself, including now, we hear, on the interview panel for the chair.
The Government’s amendments are a good start, but the infected blood community still has significant concerns. For example, the last-minute Amendment 157CA does not go far enough. Other concerns are reflected in the suite of amendments tabled by the noble Lord, Lord Ponsonby, and the noble Baronesses, Lady Meacher, Lady Brinton and Lady Featherstone. I have added my name to Amendments 119BA, 119CA, 119MA, 119T, 119PA, 119Y, 121B, 121G—now replaced by 121GA— and 121H, and support the intent of the others they have tabled. These amendments would ensure that time limits are introduced to speed up the process, that the chair of the IBCA is a High Court judge or equivalent and that support and assistance for applicants is mandatory.
Time limits are critical to ensure there are no further delays in compensation. There is nothing like a deadline to focus minds. Amendment 119CA requires the scheme to be set up within three months of the Bill becoming law and it is vital that interim payments are made well before that. With reportedly two deaths a week of those infected, they cannot come soon enough. I hear why the Minister wishes to widen the pool of applicants to chair the IBCA and am pleased to hear that some of the infected blood community will be on the interview panel. However, in my view and that of the community, the Government should accept Sir Brian Langstaff’s recommendation for a judge-led IBCA. With horror stories emerging of experiments on innocent schoolboys, rebuilding trust with the community is imperative and only a High Court judge would signal that commitment. Their impartiality and objectivity are unquestioned, with no risk of conflict of interest. It would powerfully reflect the status and credibility of the IBCA, underlining its independence. Amendments 121B and 121G provide for such an appointment.
The infected blood community must be assured they will have the support and assistance they need under the scheme. Amendment 119T amends the Government’s power to secure such support to a duty to do so.
(7 months ago)
Lords ChamberMy noble friend is quite right to highlight what is likely to be a very significant impact on the public finances as a result of compensation in this area. It is important that any decisions on compensation funding are taken carefully. I think the House would expect the Government to work through the associated costs to the public sector while considering the needs of members of the community and the very far-reaching impacts this scandal has had on their lives.
My Lords, I am sure the Minister appreciates the deep mistrust the community has regarding this Government. It has, for 40 years, struggled to have its voice heard and its needs met. Bearing this in mind, could he expand on the ways the Government intend to involve the community from here forward in all the developments? As there has frequently been such mistrust, we owe it to the community to involve it at every stage of the way.
(8 months, 4 weeks ago)
Lords ChamberMy Lords, I apologise for not having been in the Chamber at Second Reading.
Thousands of people have died because of Governments’ and officials’ lies and obfuscation about the contaminated blood scandal. This Government, and every Government for the past 40 years, should be ashamed. Perhaps this Government should be more ashamed than all because, when we finally got the long campaigned for and long literally begged for public inquiry—I praise Theresa May for initiating that inquiry—the chair, Sir Brian, said in terms what the compensation should be and that it should be paid swiftly. Unbelievably, the Government are still prevaricating. I hope they are not hoping to limp on to the next election. We need to do better to stop obfuscation and delay, and make the amends that can be made, although nothing will ever make up for what has happened. My noble friend Lady Brinton’s speech was extraordinary and laid this out far better than I can. We can never bring back the 3,000 who have died and those who are dying every single day while this is delayed, nor undo the suffering experienced by this 40-year agonising wait for justice.
I declare an interest. My nephew Nicholas Hirsch, one of my sister’s twin boys, was a haemophiliac and contracted hepatitis C. He died aged 35, leaving a 10 month-old baby daughter. Every family that has lost a loved one is in the same position. Those who are still living need to live to see justice, and the families of those who have died need to see justice. The time being taken is obscene, inordinate and cruel. The rubbish being pumped out by the Government about waiting for the final bit of the inquiry is intolerable. Sir Brian, the brilliant chair of the inquiry, has made it crystal clear that there is no need and no time to wait. Quite frankly, we should not need a TV series and public outrage to be the motivation for the Government to do the right thing.
I have been trying over the years to get redress on the issue. I remember going with Lynne Kelly, head of Haemophilia Wales, to meet Chris Wormald, Permanent Secretary at the Department of Health, to show him the proof of obfuscation and lies. He lied to us there and then, and then he lied in writing—a lie for which he later apologised in writing, and which I submitted in evidence to the inquiry. It was shameful how many lies were told by officials to victims, as well as to the parents and families of those who were contaminated. The very least the Government can do is to act, right now, before any more victims die.
Before I sit down, I want to pay tribute to all the campaigners, fighters and families who have sought justice. In particular, I thank the Labour MP Dame Diana Johnson, who has been chair of the APPG and fought so hard on this, as well as Jason Evans from the campaign organisation Factor 8.
It is important to be clear beyond doubt and lay responsibility where it lies: at the Government’s door. These amendments make it clear that the Government are responsible for fully funding payments, that they should set up the body that will administrate this on their behalf, and that they must put on the record how and when this will happen, and stop prevaricating that they need to wait for the final report. For decency, for honour and for compassion, I ask the Government to please do the right thing and do it now.
My Lords, before I begin, I too pay tribute to the late Lord Cormack. He was a consummate parliamentarian, but he was also my friend, and he taught me so much when I arrived in the House. Equally, he gave terrific support on disability issues; on every occasion, he was very supportive.
I support Amendment 134, in the name of the noble Baroness, Lady Brinton. I declare an interest, as my first husband, Graham, had haemophilia and received infected blood products. As a result, he contracted both hepatitis C and HIV. We learned of this only after we had become engaged. Graham died 30 years ago, on 19 December 1993, aged 32. We had been married for only six years.
I apologise that my health prevented me speaking at Second Reading. As I was directly affected by the infected blood scandal and gave evidence to the inquiry, I hope your Lordships will forgive this late intervention.
The noble Baroness, Lady Brinton, addresses a matter of profound importance to the thousands of us infected or affected by the shameful events that devastated the lives of so many. Your Lordships will remember that, in July 2017, Prime Minister Theresa May ordered a fully funded independent inquiry into how contaminated blood transfusions infected thousands of people with hepatitis C and HIV. She also allocated £75 million to be available for interim payments to victims still living and bereaved families. Yet only two months ago, some seven years on, the distinguished chair of the inquiry, Sir Brian Langstaff, expressed his frustration with delays in setting up a compensation scheme. He said:
“The Inquiry’s final recommendations on compensation were published in April 2023. My principal recommendation remains that a compensation scheme should be set up with urgency”.
The Government accept the “moral case for compensation”, but these words are meaningless if actioning the inquiry’s recommendations is further delayed.
It was in 1987 that Graham, then my fiancé, and his younger brother Anthony were first told that they had HIV from factor 8 clotting agents. Anthony was first to die, leaving a widow and a one year-old daughter. Graham endured five years of misery, a barrage of associated illnesses, including pneumocystis pneumonia, epilepsy and intermittent blindness. He died 18 months after his brother. It must have been unbearable for him to watch what he knew was in store for him, but his courage took my breath away.
I count myself lucky. I eventually found a way to move on, enough to lead a good, purposeful life after Graham died, but the memory and the flashbacks do not fade. Thousands of other affected families have not been as fortunate, with the personal cost of the past ever present and haunting. Many wives of infected men lost their childbearing years. Parents and countless partners gave up jobs to care for loved ones at a time when HIV/AIDS was stigmatising and isolating. There have been over 3,000 deaths to date, with an average of one more every four days.
The Government have rightly accepted more responsibility for their part in the tragedy, but they have procrastinated in establishing a compensation scheme. Not content with the guidance given by Sir Robert Francis, who was specifically appointed to make recommendations for compensation, the Cabinet Office has now appointed Sir Jonathan Montgomery to chair a group of experts to decide who gets what. Not surprisingly, the infected blood community is concerned, given Sir Jonathan’s past links with two bodies implicated in the scandal, and unhappy about yet a further delay.
According to the chair of the Haemophilia Society,
“it has caused huge anger and upset in the community. We certainly haven’t been consulted and neither have any other members of the community as far as I am aware. This is now the third knight to be asked for his opinion on it. First, Sir Robert Francis. Then Sir Brian made his recommendations in his interim report. They are now asking for a third time. It feels like they want to keep asking the same questions until they get an answer they like”.
I hope the Minister will tell us how this latest “body of experts” on compensation will involve members of the infected blood community, whose lived experience makes them experts too. The need for such involvement is a consistent theme of Sir Robert’s report if trust is to be restored. So, in the spirit of transparency, will the Minister let your Lordships have sight of the membership and terms of reference of this new expert group? Can he also give an approximate timeline of when compensation will be paid? As the Government insist on waiting for the final inquiry report to be published on 20 May, will the Minister at least assure this House then that a compensation scheme will be ready to go live afterwards?
Every year, on the anniversary of my late husband’s death, I visit St Botolph’s church in the City of London. It has a remembrance book with the names of hundreds of haemophiliacs who have died from infected blood products. Each year, I see pages of new entries. Surely this example alone should galvanise the Government into compensating those still living as soon as humanly possible. Each delay means countless more deaths without the comfort of knowing that justice has been served for the infected victims, and their affected partners and children.
My Lords, I express my strongest possible support for all the amendments in this group. I congratulate the noble Baronesses, Lady Brinton and Lady Campbell, on their powerful speeches. As president of the Haemophilia Society for many years, I have met many of the victims infected in this appalling blood scandal. Many have died before any compensation was paid to them at all. Many others soldier on with the support of their families.
We have all been moved by the Post Office scandal, but in my view far too little has been heard of the very different but equally devastating suffering of the people given infected blood, many of whom were already suffering from a serious condition. As we know, their health-wise suffering was different from that of the Post Office staff. The great thing about these amendments is that they provide clear deadlines and clear government responsibilities.
(2 years, 8 months ago)
Lords ChamberNot remotely but present, which is very good indeed.
My Lords, I am so thankful to be here tonight. It is a rare appearance but an important one and I am glad to be here in your Lordships’ House to oppose Amendment 170, which repeats the amendment that the noble Lord, Lord Forsyth, tabled in Committee. I apologise to the noble Lord for missing the first sentence of his contribution—I always enjoy his contributions and I am sorry to have missed the very first part.
This is a complex and highly contentious ethical issue. Opening the door to what is effectively assisted suicide would be a monumental change in the criminal law with potentially lethal consequences. If we get it wrong, it will result in some vulnerable people needlessly taking their own life.
The current Bill on assisted dying needs to be examined with the utmost care on the basis of highly informed opinion, robust evidence and a deep understanding of why hundreds of disabled people fear it. I do not think that we understand this cohort. I wish we did but we do not. We have seen a range of legislative developments in recent years in the UK and abroad, all of which demand detailed analysis.
Using this Bill to force the Government’s hand and the pace of deliberation on a matter specifically covered by an existing Bill is, I believe, as others do, a blatant manipulation of the parliamentary process. It sets a dangerous precedent and should be resisted. This is the wrong Bill, the wrong time and the wrong way in which to debate one of the most fundamental issues that we face as a society. I beg—yes, beg—noble Lords to reject the amendment.
It is a privilege to follow the noble Baroness, Lady Campbell, whose contribution to the debate on assisted dying over many years is the admiration of all. I pay tribute to her and I know that the House thinks that as well.
I strongly support what the noble Lord, Lord Forsyth, is proposing for the following reason. We are trying to deal with an issue of conscience in Parliament. Issues of conscience generally have a bad time in Parliament because the major parties are not interested in such issues. You have to fight under our parliamentary procedures in order for issues of conscience to get dealt with. I completely agree with the noble Baroness, Lady Campbell of Surbiton, that this is a complex and difficult issue, but it is one that requires parliamentary time and, above all, Parliament to address the issue and make a decision.
I cannot convey adequately the mess that the law is now in. The law does not have the stomach to be enforced. Nobody wants a decent person who helps a loved one to die because they are having a terrible death to be the subject of prosecution, conviction and a possible sentence of 14 years. The law has been stood on its head and the Director of Public Prosecutions has been given the power to say that he will not prosecute if certain guidelines are followed. That means that the most basic principle of English law is subverted. It is not the judge and jury any more who decide whether you are guilty of the offence but the well-meaning and admirable Director of Public Prosecutions. If he says that you are not to be prosecuted, you are in the clear. If he says that you are to be prosecuted—remember you have assisted somebody to take their own life—you are guilty. He is making the decision. That reflects the way in which our society is trying to deal with the issue.
What we need is proper parliamentary time for parliamentarians to address this exceptional issue. I was a remainer, tragically, and was very much against all the strange ways in which Parliament operated. But this is an exceptional matter. The noble Lord, Lord Cormack, with respect, is not talking sensibly when he says that that we are sticking this matter on to the Commons. The Commons will have to decide whether they agree or not.
I urge this House to adopt the amendment, not because noble Lords agree or disagree on the issue of assisted dying but because they take the view that Parliament should properly address issues of conscience. Please do not be swayed one way or the other by the issues on assisted dying, because everybody knows that there are strong arguments in favour and against—I feel as passionately as those who are against. Address the issue on the basis of whether Parliament should be able to deal with issues of conscience.
(3 years, 6 months ago)
Lords ChamberMy Lords, I shall be upfront and confess that I am a fan of remote participation. The capacity to join in remotely has swept away many of the barriers that some of us encounter daily—and not just disabled people. Many colleagues adjusted to a hybrid House quickly, while others found it difficult, if not impossible. As we emerge from lockdown and look to the restoration of the parliamentary estate, it is important to learn from our virtual experience. We do not have to go back entirely to the old ways. I believe that we can fuse the best of both, to create a richer and more progressive democracy.
I have no doubt that remote working made it much harder to scrutinise and to hold the Government to account—without spontaneous interventions, as the Constitution Committee identified in its report. I also understand that some Members thrive on the cut and thrust of political debates, the hustle and bustle of the voting Lobby, and midnight sittings. They have felt isolated and detached. I understand that, but many struggle with those practices and find virtual working a lot easier.
Some of our parliamentary conventions can be inadvertently discriminatory. Having to be present at the start and end of a long debate in the Chamber can be an enormous challenge, especially if it ends at midnight. Asking the Chief Whip for permission to leave early is akin to a trip to the headmaster’s office. For me, it was a relief to watch debates at home on my night-time ventilator and to vote. It improved my focus, decision-making and health. As a result, I worked harder, longer and more effectively than ever I had done before the pandemic. Yes, I did my duty better. Surely remote working should at least be seen as a “reasonable adjustment” under the Equality Act.
I was bowled over by the speed at which Parliament set up virtual working, and great praise is due to everyone involved. It has helped not only those with a disability but others with short-term health conditions and those who live far away or have caring duties. But while I support the virtual world and have experienced its great benefits, it is not, on its own, the solution. Virtual working has discouraged those uncomfortable with technology from participating; Parliament must work for all its Members. Networking in the corridors or the tea rooms oils the wheels of parliamentary collaboration. Some of the most creative ideas spring from informal discussion with colleagues and are shaped into policy and legislation. I look forward to returning to play my part in that, but let us not throw the baby out with the bath-water. Some benefits of remote working should be retained; it is simply fairer.
Times are changing and we must respond to the demands of modern practices. We must not be left behind. Many businesses and public services now use hybrid ways of operating. Outside our Westminster bubble, members of the public have engaged virtually in all-party groups and given evidence to our committees. Only on Tuesday I held a webinar with 40 members of the public, many of whom would not have been able to attend Westminster. It has boosted our parliamentary democracy, relevance and inclusivity. Let us embrace the best aspects of our hybrid model as we look to the future. I stand ready to help at every step of the way.