Infected Blood Inquiry

Debate between Diana Johnson and Chloe Smith

Thursday 29th March 2018 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office to reconsider the decision to deny funding for legal assistance and advice to those affected by the contaminated blood scandal during the consultation on the terms of reference for the infected blood inquiry.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

The infected blood inquiry is a priority for this Government. The infected blood tragedy of the ’70s and ’80s should never have happened, and the victims, who have endured so much pain and hardship, deserve answers. The Government will ensure that the inquiry has the resources it needs to complete its work as quickly as a thorough examination of the facts allows. We are committed to making sure that all those who have suffered so terribly can have the answers they have spent decades waiting for and that lessons can be learned so that a tragedy of this scale can never happen again.

We want to make sure that all those who need to contribute to the inquiry can do so. The Inquiries Act 2005 allows for the chair to make awards for legal representation for the inquiry itself once it is formally established—in other words, after the terms of reference have been set. We know that the inquiry chair intends to make early provision for core participant designation and legal expenses awards after the inquiry is formally set up. So the Government are not denying funds for legal representation at the inquiry. These funds will be available as soon as possible after the inquiry is up and running.

In addition, I can confirm that Ministers have decided that reasonable expenses properly incurred in respect of legal representation for the purpose of responding to the consultation by the infected blood inquiry on the terms of reference prior to the setting-up date will be awarded. Any claims will be handled by the solicitor to the inquiry, and it will be for the solicitor to determine these expenses. I hope that that is good news to the House.

I know that the chair of the inquiry, Sir Brian Langstaff, is keen to ensure that all those affected by this tragedy have a chance to make their voices heard. I know that last night he held a meeting with interested groups and that he is continuing to engage with those who are affected and the bereaved families. Sir Brian wants to ensure that the consultation process is as user-friendly and inclusive as possible, and such that legal advice is not a necessity for being able to respond to the consultation on the terms of reference. He wants to ensure that everyone has the chance to share their views, which will inform the terms of reference.

We believe that this is an exceptional circumstance. Thousands of people have been fighting for years to get answers to why this terrible tragedy happened, and they want to be part of ensuring that such a tragedy can never happen again. I know that the whole House welcomes the fact that the Government have established this judge-led public inquiry to provide the answers that victims and families have had to wait for. I and others here today, I am sure, will continue to play our parts passionately for our constituents.

--- Later in debate ---

[Diana Johnson]

I thank the Minister for her response. I just wish that the decision had been made earlier. As she outlined, this is a group of people who have battled for many, many years for a public inquiry, and we now want to make sure that the terms of reference are so drafted as to incorporate all the concerns of those affected. As she will know, many of those implicated in the inquiry will have access now to legal advice and expertise in their submissions on what the terms of reference should be.

I must add that the letter of 23 March, drafted by the Minister’s civil servants, which tried to draw a contrast with the families affected by Grenfell—who have been granted exceptional funding for legal assistance—saying that those families were more deserving than this group of people, has caused enormous hurt in the community. Of course we want to make sure that the Grenfell families find out what happened, and 71 lives were lost in that case, but in this case, 2,400 people have already died, and since the announcement of the public inquiry last year, another 70 have died. Many are living with HIV and hepatitis C, and many are co-infected, so they are in poor health. I am really pleased, therefore, that the Minister and the Government have accepted the argument that, while the organisations are well funded to put their cases, individuals should also have access to legal advice and guidance.

I want to say finally that I have met with Mr Justice Langstaff, and I believe that he will do his best to get justice for this group of people. He met with some of the campaigning groups last night, and I know that those meetings went well, but I hope that the Minister will pay particular attention, between now and when the inquiry is set up and Mr Justice Langstaff takes over, to making sure that no more decisions are made that put these individuals, who have been so damaged by the state, in a position where they feel hurt and lack confidence in what I think the Government are trying to do, which is to have a public inquiry that instils the confidence and good will of everybody.

[Chloe Smith]

As I have said from the Dispatch Box before, I pay tribute to the hon. Lady for her work, her campaigning and her compassionate tenacity on this issue. I have worked with her over the years, as have many other Members, and I am pleased that she welcomes the news that I have been able to bring to the House this morning. I reiterate that Ministers share her concerns and are keen to be able to get on with the inquiry as quickly as possible. It will be ably led by Sir Brian Langstaff, so that the constituents whom we all serve can get the answers that they deserve.

In response to her questions, it may be useful for the House if I say that, under the Inquiries Act 2005, it is for Ministers to make decisions, on an exceptional basis, on whether funds might be made available during this preliminary stage. That is what we have done today, because we believe that the circumstances are exceptional.

Contaminated Blood Inquiry

Debate between Diana Johnson and Chloe Smith

Monday 29th January 2018 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on progress establishing the inquiry into the contaminated blood scandal.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

The contaminated blood scandal of the ’70s and ’80s was an appalling tragedy that should never have happened. The victims and their families have endured so much pain and hardship and deserve answers as to how this could have happened. I am grateful to the hon. Member for Kingston upon Hull North (Diana Johnson) for bringing this issue to the House today. I am also grateful for her leadership and for the leadership of right hon. and hon. Members across the House on the all-party group on haemophilia and contaminated blood, which has done such consistent and constructive work on the issue. As she will know, I myself have been part of that group and have worked for my constituents, as I know all right hon. and hon. Members in the House have done.

As the House will know, following the Prime Minister’s announcement last July of an inquiry into these terrible events, the Department of Health launched a consultation on what the form and scope of that inquiry should be. I would like to thank all those who contributed to that process. We understand how difficult and painful describing these events must have been. The responses to that consultation were carefully considered by Cabinet Office officials and we listened to victims’ concerns. As a result, we confirmed that the inquiry would be statutory and established under the Inquiries Act 2005, and we moved sponsorship for it from the Department of Health to the Cabinet Office.

Before Christmas, we went further and announced that the inquiry would be chaired by a judge. We have asked the Lord Chief Justice to provide us with a nomination, and we hope to announce the name of that judge very soon. Once the appointment has been announced, the Cabinet Office will have early discussions with the chair about setting up the inquiry and will encourage them to quickly hold further consultations with the affected communities over the inquiry’s terms of reference.

I would like to add my personal commitment, and that of all my Government colleagues, to seeing this happen. This is a vital issue. We are all fighting on the same side to ensure justice for the victims of this terrible tragedy and scandal.

[Diana Johnson]

Thank you, Mr Speaker, for granting me the urgent question. I also thank the Minister for her response and, of course, welcome her to her new post. I know that one of her constituents was affected by this scandal and that she understands what the issue is about.

Six and a half months have passed since the announcement of the inquiry. The previous Minister for the Cabinet Office, the right hon. Member for Ashford (Damian Green), set out his intention to appoint a chair before Christmas. That did not happen. We were then promised a statement in the new year, but, after nearly a month, there has been no further progress. It took precious months, and an intervention from the former Bishop of Liverpool—and chair of the Hillsborough inquiry —to persuade the Government to move the inquiry from the implicated Department of Health. That was achieved by working with all those affected in a unifying way and it concerns me that the same approach has not been adopted in recent consultative meetings with the Cabinet Office.

Not only have we seen a change of Minister, but we understand from press reports that the senior civil servant responsible for the inquiry is due to leave the Cabinet Office. I therefore have three questions for the Minister. First, will she publish a clear timetable setting out when she intends to appoint a chair and agree the terms of reference and specifying the date on which those conducting the inquiry will meet? Secondly, will she commit herself to a “families first” inquiry, with evidence taken in regional hubs across the United Kingdom and with a public-facing inquiry secretariat working with all those affected? It is essential for the inquiry chair to adopt that approach and to be able to work alongside a panel of experts. Finally, will the Minister confirm that the terms of reference will be set independently by the chair, following a consultation with all those affected, and that they will cover the aftermath of the scandal rather than just the run-up to it?

This is a treatment disaster of huge proportions, in which the Government are implicated. It has already taken the lives of 2,400 people and has blighted the lives of many more. For those who have died in the last six months, justice delayed is justice denied. The lack of progress is causing huge distress and upset to the families affected. The Minister must take immediate steps to secure for this community the truth and the justice that they have been denied for far too long.

[Chloe Smith]

I have seen a copy of the letter that the hon. Member for Kingston upon Hull North (Diana Johnson) sent you this morning about the urgent question, Mr Speaker, and I have therefore come prepared with responses to the points made in that letter. I hope to be able to deal with them now.

Let me begin by reiterating that we intend to make a further statement about the chair very shortly. I take the hon. Lady’s point that there should be no further delay. The Government are committed to getting this right and to getting it done as quickly as possible, for all the reasons that she has already given.

The hon. Lady suggested that this could have been done more quickly. It was important for the consultation launched by the Department of Health to be allowed to reach its conclusion, so that all who wished to contribute had a chance to do so. As soon as that was complete, an early decision was made to transfer the sponsorship to the Cabinet Office, in line with the strong feeling of respondents. I think it important that we listened and acted accordingly.

Following the written ministerial statements made by the Cabinet Office in November, the Prime Minister made a further statement before Christmas confirming that the inquiry would be judge-led, which reflects the gravity and complexity of the issues to be considered. Again, we listened to the respondents who had asked for it to be judge-led and agreed. We now understand the importance—the absolute, imperative importance—of getting the inquiry under way as soon as possible, and as I have said, we will make a further statement as soon as possible as well.

The hon. Lady asked about regional hubs and asked whether the inquiry would put families first. The Government will ensure that the inquiry has the resources that it needs to complete its work. It will, of course, also be independent of the Government, which was another theme that featured in her questions. I am therefore not in a position to answer every single one of her questions. It would be for an independent chair to answer all the questions she has asked: for example, her question about the fine detail of the terms of reference. However, given the sensitivity of the issues under consideration, the chair will no doubt be focused on ensuring that all those affected have every opportunity to participate in the inquiry process.

As the hon. Lady mentioned, the former First Secretary of State held a number of meetings with representatives from the affected communities. The Government will of course be more than happy to continue that engagement if it is necessary and, moreover, I am confident that the chair of the inquiry will take that up and want to hear views and testimony from all those affected across the UK.

The hon. Lady asked explicitly about the terms of reference. I expect that the chair will want to consult the affected community on those terms. Once the chair has done so and has made a recommendation to the Minister for the Cabinet Office, there will of course be a further statement to this House setting out what the scope of the inquiry will be.

I reiterate that I want to ensure that those affected get the answers they deserve as quickly as possible and that they receive what many have been asking for. This is a judge-led inquiry that will be independent and, I hope, effective in getting answers.