Infected Blood Inquiry: Additional Report Debate
Full Debate: Read Full DebateBaroness Finn
Main Page: Baroness Finn (Conservative - Life peer)Department Debates - View all Baroness Finn's debates with the Northern Ireland Office
(2 days, 10 hours ago)
Lords ChamberMy Lords, I thank the Minister for this opportunity to ask questions on the additional report of the Infected Blood Inquiry. I thank Sir Brian Langstaff for his continued work to get justice for the victims. Like him, the Official Opposition want to see fair compensation provided without delay to every person who is eligible—and the key words are “without delay”. I welcome that the Infected Blood Compensation Authority—IBCA—has accepted most of the recommendations made by the inquiry and we support the Government’s decision to instigate a review of the IBCA’s delivery of the scheme. The Government are also right to accept the seven sub-recommendations and engage with the community on those recommendations that they are not yet able to accept.
The critical factor in this issue is time. We know that many victims of the infected blood scandal have sadly died before receiving compensation. Ministers and officials must work tirelessly to ensure that victims receive the compensation that they deserve as soon as possible. In the other place, Ministers were clear that their top priority is to move quickly. Can the Minister confirm that the complexity of changes that will be made to the IBCA scheme will not stand in the way of timely payments? What assessment have the Government made of the complexity of the scheme after these changes, and the impact of that complexity on the timeliness of compensation? Under the previous Government, engagement with the infected blood community led to a broad push for timely compensation and it was thought by some that keeping the scheme simple would maximise the chances of delivering compensation more quickly. Can the Minister confirm whether this has been borne out in her own and other Ministers’ engagement with the infected blood community?
The Government have committed to bringing forward regulations following their acceptance of a number of recommendations. These are to be introduced as soon as parliamentary time allows. Can the Minister please confirm that these regulations will be laid on our return in September and taken through the House by the end of the year? We and the victims have waited long enough, and they cannot be expected to wait any longer than that.
The Government have also accepted the recommendation on a grievance mechanism. It is important that lessons are learned and we support the Government’s acceptance of this recommendation. Can the Minister confirm how Ministers will ensure that the grievance mechanism is properly staffed, and how its performance will be monitored? Finally, how will Ministers ensure that the grievance mechanism process does not lead to any delays in compensation for victims?
The additional report also contained criticisms of the IBCA, which raised concerns about its ability to maintain trust. Reports that the IBCA proposed a gagging clause during the process of agreeing the arrangements for lawyers to support individuals with the assessment of their compensation are worrying. The report also found that the numbers who have received compensation to date are profoundly unsatisfactory. We need to see urgent improvements.
I do not want to conclude my remarks without specifically raising the experience of the victims of unethical research practices, especially those who were pupils at Lord Mayor Treloar school. The additional report recommends that the IBCA should be authorised to make payments where it is satisfied that an individual was a victim of unethical research practices and that these decisions be based on the wider definition of research. The report also recommends that the Minister consider whether the compensation should be increased. We are pleased that the Government have listened and committed to consult. Can the Minister confirm when this consultation will be concluded and that the consultation will not result in any delay in compensation for victims? Questions have also been raised on the timeline of memorials for the young victims from Treloar. These are heartbreaking cases, so when can we expect work on memorials to be concluded?
It is essential that victims of the infected blood scandal receive fair compensation as soon as possible. We will continue to call for that, and press Ministers and their officials to address the criticisms and issues urgently to make progress so that we can achieve a better outcome for the victims.
My Lords, for the second time in a fortnight, your Lordships’ House is debating a report from a judge telling the Government, in no uncertain terms, that the compensation schemes are not working properly and are an affront to the suffering that the victims have faced. The first, of course, was the Post Office Horizon scheme a fortnight ago.
From the Liberal Democrat Benches, I echo the thanks of the Conservative Benches to Sir Brian Langstaff for continuing to speak truth to power and for holding the Government to account. Today, the Government are responding to Sir Brian’s additional report, following his urgent session, in which he took moving evidence from the infected and affected victims and organisations. His report is blunt. He also said that he reserves the right to reconvene the inquiry at a further date, to further assess whether this Government have not just taken on board but changed the delivery process to ensure that all victims are treated fairly, speedily and with humanity. I am not aware of another judge having done that recently.
Ministers seem not to understand that every challenge—having to prove things again and again during the compensation process—revictimises those who have suffered already over many years. That should not be necessary. As usual, Ministers say the right words, but, as I said in the debate on the Post Office Horizon Statement, that is like the old bank adage on a rejected cheque: words and figures do not agree. Can the Minister say when the victims and Parliament will hear the results of the consultations and the consequent decisions by the Government on Sir Brian’s recommendations that they are not accepting in full today?
Sir Wyn Williams made an important point in the new Horizon report, which I and others have said repeatedly in Parliament: when will we have a truly independent body to manage inquiries and compensation schemes? IBCA is not truly independent; it is staffed by people who have come from various government departments, many of whom were involved in the process on the other side of the table, when victims were told repeatedly that there was nothing to be done and nothing to be seen.
However, this applies not just to this scheme or the Post Office Horizon one. As we heard earlier, it also includes Hillsborough, Windrush, the Manchester bombings, the nuclear test veterans, the medical scandals that cannot even get to first base—such as those around vaginal mesh implants and sodium valproate, which means that babies are still being born with deformities—and many others. I ask this Minister: will she and all the other Ministers managing these compensation schemes, including the so-called arm’s-length ones, get together to consider Sir Wyn’s recommendations?
I have a series of questions about the Government’s response. However, I will start by thanking the Government for the recommendations that they have already accepted: the HIV start date; the effective treatment award for those with hepatitis B or C; and, especially, the 31 March cut-off date for bereaved partners receiving support until their affected claim can be started—they are all vital. The Government have also recognised that the estates of deceased affected victims should now be able to pass on their compensation as those of infected victims can.
In the comments to Sir Brian’s report, the Paymaster-General says very clearly that the timescales are not changing. Sir Brian made it plain that it was unacceptable that the affected victims would not even start to be approached until the end of this year. Can the Minister therefore explain why this timescale is clearly not being speeded up? It makes a mockery of “working at pace”. How long will it take for IBCA to design and introduce a process for registration, as opposed to victims waiting for a call, as they might do for the lottery?
Newspapers have reported that, this time last year, IBCA consisted of just a couple of staff and computers. What is the headcount now, and what plans are there to ramp up the number of staff to speed up the processes?
The review of IPCA is expected to begin in August. When will Ministers report back to Parliament on its results? I do mean Parliament and not just the Public Accounts Committee. The Government have agreed to look again at some of the recommendations, such as the calculations of past care and financial loss—where the current process downgrades the commitment of home carers, many of whom have had to give up work for decades to look after their loved one—and the compensation scheme for victims of unethical research. The experience of the latter is among the most horrific of any scandal that this country has seen in the past 50 years.
Forgive the cynicism, but “looking again” gives no assurance that the severe wrongs done to the affected and infected victims will be remedied. Can the Minister say how long “looking again” will take?
To conclude, the Liberal Democrats are pleased that there is progress in the Statement and the report. However, Sir Brian, the many infected and affected victims, and Parliament will be watching to see whether this Government deliver—and swiftly—on their moral obligations to the victims of the infected blood scandal.