Victims and Prisoners Bill

Earl Howe Excerpts

Report stage
Tuesday 30th April 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is an honour to follow the right reverend Prelate the Bishop of Lincoln and the noble Baroness, Lady Thornton. I have also signed Amendment 113. I will not repeat everything that I said in Committee, but the experience of the duty of candour in the NHS has been a very useful example. As we have heard, it is a professional responsibility to be open and honest with patients and families when something has gone wrong. It also allows people to say sorry. Even in the NHS, the lawyers still do not want people to say sorry, but it is really important. Above all, where the duty of candour works well, it has changed the culture and values of the organisation.

I make that point because this is not just about after the event. Having a duty of candour can completely change the delivery of the service. It makes everybody who works in it—and, in the NHS, those who are regulated—behave and think differently. In exceptional examples, it will avoid disasters, which is important. That is why I support Amendment 113. It clearly does not work perfectly, because we are hearing stories of things that have gone badly wrong in hospitals, but I suspect that some of those would not have come out if the duty of candour were not in place. That is what I mean about a change of culture.

I will not say much more. Now is absolutely the time to expand the duty of candour beyond the NHS. I agree with everything that the right reverend Prelate said about making sure that it applies to all public bodies and to public servants, because this is also about the behaviour of senior individuals. If the noble Lord, Lord Ponsonby, wishes to test the opinion of the House, these Benches will support him.

[Earl Howe (Con)]

My Lords, I am grateful to the noble Baroness, Lady Thornton, for Amendment 113. As she explained, it seeks to place a statutory duty of candour on all public authorities, public servants and officials after a major incident has been declared in writing by the Secretary of State.

The Government wholeheartedly agree that it is of the highest importance that we combat unforgivable forms of institutional obstruction and obfuscation. It is exactly for that reason that the Deputy Prime Minister signed the Hillsborough charter on behalf of the Government, which specifically addresses placing the public interest above one’s own reputation and approaching all forms of public scrutiny, including public inquiries and inquests, with candour and in an open, honest and transparent way. We want the charter to become part of the culture of what it means to be a public servant in Britain. The Deputy Prime Minister wrote to all departments to ensure that everyone who works in government is aware of the Hillsborough charter and what it means for the way that they work. Information on the charter has already been added to the Government’s propriety and ethics training and will shortly form part of the induction that all new civil servants are expected to take.

We are determined that the charter and its principles should be embedded into public life, and we are encouraging other public bodies and local authorities to follow our example by doing the same—a number of them have done so.

When it comes to statutory duties of candour, which have been mentioned by the noble Baroness, Lady Brinton, and others, the Government have taken strong and decisive actions in policing and in health and social care. However, different parts of the public sector have different roles and circumstances. This amendment seeks to capture everyone under one umbrella. While I recognise the good intention behind it, I do not believe—and nor do the Government—that in practice, it would be as effective or as proportionate a measure.

That is not to say that there is nothing in place already to bind other public servants. On the contrary, a very clear framework of legal and ethical duties most certainly exists, and the Government believe that this framework—which includes the Nolan principles on public life and the Civil Service Code—is fit for purpose and appropriate to reflect the myriad professional functions performed by the public sector.

The noble Baroness may argue that given the complexity of the existing framework, this amendment serves to bring it all together in one place, making it all more accessible and easier to understand. If she argues that, I am afraid I cannot agree. The amendment just cannot sit neatly on top of the existing frameworks. We should not just assume that it can work with the existing framework of duties, which are carefully calibrated for the specific circumstance that they bite on.

Given that no one wants to abandon the Nolan principles or the Civil Service Code, that poses a real problem. The Government firmly believe in the benefits of having a bespoke approach to different parts of the public sector, because each part is different. We are not convinced that a single overarching duty would work well in practice.

It is clear from our debates on the subject that a particular concern is the conduct of public officials at inquests and statutory inquiries. It is very important to understand something about those particular contexts. I can confirm that, regardless of one’s status or profession, powers already exist—backed by criminal penalties—to obtain documents and testimony in an inquest or statutory inquiry. As noble Lords will know, the same is true of court proceedings, where relevant disclosure is required by all litigants. If the concern here is primarily inquests, inquiries, and the like, it is unclear what this amendment would add.

As Bishop James himself acknowledged, this is an extremely complex area, and I do not think that anyone would disagree with that. He also said that the most important thing is for all bodies who sign up to the charter to

“make the behaviours described in the charter a reality in practice”.

In my view, it would be unwise to rush forward with an amendment like this one. I believe that it would be disruptive; it would not work well in practice; and it could also have consequences which have not yet been realised. If we are going to put further statutory duties in place, the subject needs a lot more thought by a lot more people. I emphasise that the Government share the desire to see an end to unacceptable institutional defensiveness, but the key to doing that is to focus on changing culture across the public sector.

Let us make progress on our commitments in the Hillsborough charter, and indeed elsewhere; let us monitor how they are embedding. If we believe that there are further issues to address, we will not hesitate to take the appropriate action. In the light of what I have said, I hope the noble Baroness will reflect and perhaps feel able to withdraw the amendment.

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Moved by

[Earl Howe]

119B: Leave out Clause 40 and insert the following Clause—
“Infected Blood Compensation Authority(1) A body corporate called the Infected Blood Compensation Authority is established.(2) In this Part that body is referred to as “the IBCA”.(3) Schedule (Infected Blood Compensation Authority) contains further provision about the IBCA.”Member’s explanatory statement
This new Clause establishes the Infected Blood Compensation Authority.

[Earl Howe (Con)]

My Lords, I will speak also to the other government amendments in this group. I am grateful to have the opportunity to do so. These amendments collectively provide the necessary legal framework to establish an arm’s-length body and pay compensation without undue delay. Let me assure the House and those listening that the case for compensation is clear and the Government will pay compensation to those infected and affected by the infected blood scandal. The government amendments demonstrate our absolute commitment to deliver long-overdue justice to victims of infected blood.

On 20 May, the infected blood inquiry will publish its final report. This will be a historic day for those who have sought answers for decades, and I hope and trust that the inquiry will give those impacted the recognition that they deserve. I take this opportunity to thank the chair of the inquiry, Sir Brian Langstaff, for the thorough work that he has undertaken to produce his final report and to recognise the bravery of those who have provided evidence and testimony to the inquiry. I recognise the resilience of each person who continues to campaign on this issue, and I hope my words today will provide reassurance that we are moving in the right direction. I also thank noble Lords on all sides of the House for working with the Government to ensure that the amendments provide the legal framework to get this right. My firm intention today is to provide some meaningful reassurance that we have heard the concerns and are committed to establishing a scheme that works and delivers for victims.

Let me turn to the government amendments. These amendments impose a duty on the Government to establish an infected blood compensation scheme. They also establish a new arm’s-length body named the infected blood compensation authority to deliver the compensation scheme. The authority will operate on a UK-wide basis to ensure parity and consistency. Perhaps I can make it clear in passing that the name of the noble Baroness, Lady Finlay, should not have appeared with that of my noble and learned friend Lord Bellamy at the top of Amendment 119C. I understand this was a clerical slip of the pen.

Victims of this scandal have waited far too long to see justice, and the Government share the determination of your Lordships to ensure that compensation reaches victims quickly. The government amendments pave the way for this, with early commencement provisions establishing the arm’s-length body on Royal Assent. The Government will give a substantive update to Parliament responding to the infected blood inquiry’s recommendations on compensation as soon as possible following 20 May. Subsequently, the details of the scheme will be set out in secondary legislation. The regulations to establish the scheme are subject to the “made affirmative” procedure the first time that they are made, which means they will have legal force immediately, and to the draft affirmative procedure thereafter, which applies to any changes to that first set of regulations that may be made in the future. This will provide parliamentarians with the opportunity to scrutinise the Government’s intentions without any unnecessary delay to implementation. Operational matters around the setting up of the arm’s-length body are subject to the negative procedure, again to prioritise the speed of implementation.

We recognise that Parliament and the infected blood community need clarity on when these measures will be in place. I can say now that the Government support the Opposition’s amendment to deliver the regulations establishing an infected blood compensation scheme within three months of Royal Assent, and we are committed to doing so. However, in committing to that, it is right that I should signal a caveat on a purely practical issue. We must acknowledge that the three-month period could unavoidably include periods or circumstances in which the Dissolution, Prorogation or adjournment of Parliament affects the Government’s ability to make the regulations. There is a practical reality here. These “made affirmative” regulations will need to be agreed within government before they can be made, and there are operational processes that simply will not be running as normal when Parliament is not sitting.

There is also the challenge, that I am sure many noble Lords will speak to, that we need to build trust with the infected blood community on the scheme’s provisions. This would require sufficient time where both Ministers and Parliament were available ahead of regulations being laid. We had hoped by tabling Amendment 157CA that we could find a constructive compromise on those issues. However, with a view to consensus and having accepted the Opposition’s Amendment 119CA, we will not now put that amendment to the House.

I must be clear that we are seized of the need to move as quickly as possible to provide compensation for victims regardless of any external pressures that may arise. Noble Lords will understand that it will take some time for the new infected blood compensation authority to become operational in its fullest sense, such that—

[Lord Ponsonby of Shulbrede (Lab)]

Before the Minister moves on from addressing my Amendment 119CA, I want just to be crystal clear that the Government are accepting the amendment without their own amendment. I understand what the noble Earl has just said from the Dispatch Box, but as far as my amendment is concerned, are the Government accepting it as it is?

[Earl Howe (Con)]

Yes, my Lords, that is right. In the spirit of consensus, albeit in the light of that practical caveat that I voiced, which represents a risk and no more.

It will take some time for the new infected blood compensation authority to become operational in its fullest sense, such that it is in a position to accept applications and deliver payments. There are formal processes around setting up an arm’s-length body of this kind which we cannot—indeed, must not—try to get around. However, the Government recognise the need to compensate victims of infected blood, and we are absolutely committed to doing this as quickly as we are able. For this reason, a shadow body will be established by 20 May, led by an interim chief executive. This will be critical to getting the practical work in place to ensure that the infected blood compensation authority can be fully operational as soon as possible. The shadow body will be able to begin work, such as implementing IT systems and appointing staff who are needed for assessing and delivering compensation payments, as quickly as possible.

We also understand the importance of ensuring that processes are in place for the compensation scheme to run smoothly. The Government are therefore clear that the infected blood compensation authority will have all the funding needed to deliver compensation once it has identified the victims and assessed claims. Once established, we intend that the scheme will make payments quickly and effectively.

I now turn to the membership of the infected blood compensation authority board and, in doing so, perhaps I may address Amendments 121B to 121H tabled by the noble Baronesses, Lady Brinton, Lady Featherstone and Lady Meacher. I would like to be clear with the House today that it is the Government’s intention that the process of recruiting a chair of the infected blood compensation authority will begin immediately. In the coming weeks, we will begin to identify potential candidates for the role. The successful candidate will be appointed through the usual public appointment process. The government amendment provides flexibility for the composition of the other members of the board, both executive and non-executive, albeit that minimum and maximum numbers are specified to align with the expected requirements of an ALB of this nature. As many noble Lords have made clear, building trust with those infected and affected by the scandal is critical. It is therefore the Government’s intention to involve the infected blood community in the appointment process for the chair.

Tomorrow the Minister for the Cabinet Office begins his engagement programme with those infected and affected by the infected blood scandal. That will be a useful opportunity to discuss how those impacted can be involved in the process of appointing the chair, while ensuring that that does not inadvertently delay the end goal of getting compensation into the hands of victims as soon as possible. I think we can achieve both objectives.

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I will summarise by quoting the noble Baroness, Lady Sanderson: “We all hope that we are reaching the end of a very long road”. I understand that there have been many decades of hurt and distrust, but we want to—and do—believe that the Government are doing this in good faith. We will certainly do everything we can to use the time available, as the Bill continues to pass through this House, to look at the detail and continue to engage with the Minister, who introduced his amendments and I think has gone some way to re-establishing trust with the affected community. I very much hope that that continues to develop.

[Earl Howe (Con)]

My Lords, I thank all noble Lords who contributed, both today and during our previous discussions on this important topic. The moving statements we have heard throughout the passage of the Bill have been a true measure of the gravity of the infected blood scandal and its far-reaching impacts.

I will address the amendments spoken to in this debate, starting with Amendment 119HA in the name of the noble Baroness, Lady Brinton. I can today give her an assurance that the Government’s intention, via regulations, is to establish a tariff-based compensation scheme, and that people who are infected and affected will be eligible for compensation under the scheme. The regulations will provide clarity on what the scheme comprises.

We recognise that it is also important that an arm’s-length body is functionally independent. In common with Sir Brian Langstaff, we view this as critical for building trust with the infected blood community. However, there is an important principle here around maintaining government accountability. My noble friend Lord Waldegrave, whose comments I appreciated, referred to this. The Government simply must hold responsibility for overseeing the expenditure of taxpayers’ money, and it would not be appropriate for the rates of compensation to be set by the chair of the IBCA. Instead, the chair will hold an important role in the delivery of the scheme, making sure that the right people receive the right compensation and ensuring support for those who access it, against the parameters set out in legislation.

To address a further point in the noble Baroness’s amendment, those details are being informed by the expert group of clinical, legal and social care experts appointed in January to assist the Government in responding to the inquiry recommendations—and I shall refer to that group again in a moment.

In answer to the noble Baroness, Lady Brinton, on the selection of a chair for the IBCA, I gave reasons earlier why, although we are entirely open to the suggestion that the chair of the IBCA should be a High Court judge or, indeed, a retired judge, we may need to allow for the possibility that no judge will be available or willing to occupy that post. We want the right person in place as expeditiously as is proper. What is most important in that connection is that the IBCA is operationally and functionally independent and seen to be so, and the way in which we are framing the legislation provides for exactly that.

The government amendments are clear that a final UK-wide compensation scheme is being established, distinct from previous support schemes. The details of how payments are to be made will necessarily be set out in regulations. In any event, I can now confirm to the House that it is not the Government’s intention to deduct any past support or ex gratia payments, excluding any interim compensation payments, from the final compensation payments made by the infected blood compensation scheme. I hope that that provides the noble Baroness with some welcome reassurance on the points that she raised.

As I said earlier, I am not in the business of prolonging people’s uncertainty unnecessarily. I understand that the infected blood community and Parliament are keen for transparency on the Government’s intentions in regard to the compensation scheme. As my noble friend Lady Sanderson has rightly raised, there have been concerns about the anonymity of the expert group —and I have listened to those concerns. The Government took the decision not to publish the names of the expert group members alongside the terms of reference to safeguard the privacy and the ability of the experts to continue their front-line clinical roles while advising on government policy. However, once their initial work has concluded, the Government will ensure that the identities of the experts are disclosed.

Additionally, in the spirit of transparency, the Government will commit to publish the compensation tariffs when they are available, ahead of secondary legislation. I hope that my commitment to these actions today will provide the noble Baroness, Lady Brinton, with confidence not after all to press her amendment when it is reached. The Government amendments as drafted provide workable and appropriate legal powers to establish a compensation scheme in a way that is deliverable by government—and I fear that, should the noble Baroness’s well-intentioned amendments be moved and carried, this will simply not be deliverable for the Government and could ultimately delay the payment of compensation.

I turn to Amendment 119BA in the name of the noble Baroness, Lady Meacher. We absolutely respect the principles that the noble Baroness has raised, and the need for the infected blood compensation scheme to be efficient, fair and accessible to deliver justice effectively. It is our sincere intention to deliver this and put the needs of victims at the forefront of the operation. In saying that, I should add, as she will understand, that there are clearly many different needs and perspectives to take into account. The imperative for the new infected blood compensation authority to act effectively and efficiently towards that aim is already provided for in paragraph 11 of the new schedule to Part 3, as set out in government Amendment 121A. Creating more statutory provision around the exercise of functions is, I can assure the noble Baroness, not required.

I move to amendments that deal with adhering to the recommendations of the infected blood inquiry’s second interim report on compensation. These are Amendment 119EA, in the name of the noble Baroness, Lady Featherstone, and Amendments 119D, 119E, 119K, 119M and 119U, in the name of the noble Baroness, Lady Brinton. Ministers are clear that recommendations of the infected blood inquiry should form the basis of the government response. In January this year, an expert group was appointed to provide technical assistance in understanding how the inquiry’s recommendations could work in practice. I assure the House that the expert group is intended to build on and not replace in any way the recommendations made by Sir Brian Langstaff. This will help to ensure that the Government are able to respond to recommendations in a manner that reflects the impact that the scandal has had on the lives of individuals, while also considering what implications that has for delivery.

There are some specific instances where we must divert from recommendations in order to make the compensation scheme deliverable for the Government and to ensure that payments reach those eligible as swiftly as possible. I emphasise again that we are committed to working with the infected blood community to ensure that the compensation scheme meets its members’ individual needs. However, on reflection, I hope that the noble Baroness will understand that a formal consultation with legal representatives across the UK would lead to one sure outcome, which would be to delay the process of establishing the scheme. We do not consider that it is required.

The Government are acutely aware of the importance of establishing an accessible and sensitive compensation scheme for victims of inflected blood. I am grateful to the noble Baronesses, Lady Meacher and Lady Brinton, for their Amendments 119MA, 119V and 119VA, which speak to the support for claimants who would be accessing the scheme. First, I want to be clear that the infected blood compensation authority will provide support to applicants and, within this support, will consider the provision of legal support services. The government amendment allows for that support to be provided for victims, and the House can expect the Government to work with the infected blood compensation authority on the support that is required.

The government amendments set the legal framework required to enable the Government to move quickly to establish a compensation scheme; they do not limit in any way the procedure for applications. However, the operation of a scheme must be efficient and user-friendly. In-person hearings, as proposed in one of the amendments, could extend the timeline for payments for individuals. We will need to consider that idea carefully, alongside the delivery of the scheme as a whole.

The Government also recognise the benefits of providing legal assistance to individuals accessing the compensation scheme. I shall take that point away with me, in the way that I have just indicated—and I refer noble Lords to government Amendment 119S in this connection.

Leaving aside the fact that it would be undesirable to commit in this legislation to a panel of specific law firms to undertake government-funded work, it is important that any support provided is well considered against two principal benchmarks: first, that it provides the most benefit for claimants and, secondly, that it is consistent with the appropriate management of public funds.

I turn to Amendments 119CB, 119DA and 119DB, which introduce the word “harmed” into the government amendments that identify who may be eligible for compensation within regulations. I assure the noble Baroness, Lady Meacher, that the existing wording is sufficiently wide to capture all those infected and affected by the treatment of infected blood, and the additional drafting that she has suggested is not required.

Amendments 119J, 119P and 119T would change “may” to “must”. These amendments could inadvertently limit the breadth of what could be done under a general power and are therefore not considered appropriate at this stage. This is about having a process that is efficient for victims and that also allows for oversight of public money. I am very happy to meet noble Lords to discuss this issue further. Amendment 119P is a good example. If we were to change “may” to “must”, as that amendment proposes, it would be, as it were, dictating to the IBCA what it has to do. We are keen not to do that where we do not have to, because of the need to give the IBCA autonomy. I give that as an example.

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Moved by

[Earl Howe]

119C: After Clause 40, insert the following new Clause—
“Infected blood compensation scheme(1) The Secretary of State or the Minister for the Cabinet Office must by regulations establish a scheme (“the infected blood compensation scheme”) for making payments to eligible persons.(2) “Eligible persons” means such persons within subsection (3) as the regulations provide are to be eligible persons.(3) The persons within this subsection are persons who—(a) have been infected as a result of being treated with blood, blood products or tissue,(b) have been infected as a result of another person being treated with blood, blood products or tissue, or(c) have been affected by another person being infected as described in paragraph (a) or (b).(4) The regulations may define an eligible person by reference to matters including (but not limited to)—(a) the kind of infection;(b) the duration or effect of an infection;(c) when the treatment occurred;(d) where the treatment was given;(e) who gave the treatment;(f) whether a person was treated with blood, blood products or tissue;(g) in the case of a person within subsection (3)(b), how the person was infected and their connection with the person who was treated;(h) in a case of a person within subsection (3)(c), how the person has been affected and their connection with the person who has been infected.(5) The regulations must provide for payments under the scheme to be made by, and the scheme to be otherwise administered by, the IBCA.”Member’s explanatory statement
This new Clause provides for the Secretary of State or Minister for the Cabinet Office to establish an infected blood compensation scheme by regulations.

[Earl Howe (Con)]

I beg to move.

Amendment 119CA (to Amendment 119C)

Moved by

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Moved by

[Earl Howe]

119F: After Clause 40, insert the following new Clause—
“Payments(1) The amount of a payment under the infected blood compensation scheme is to be determined in accordance with regulations under section (Infected blood compensation scheme).(2) The regulations may make provision for the amount payable to eligible persons—(a) to be a specified amount;(b) to be an amount within a specified range;(c) not to exceed a specified amount.(3) The regulations may make provision—(a) for payments to be made as a lump sum or periodically;(b) for payments to be held on trust;(c) for interest to be payable on payments;(d) for the amount of any periodic payment to be increased to take account of changes in the value of money.(4) The regulations may make provision for payments to be made subject to conditions.(5) The regulations may make provision for payments under the scheme to be repaid to the IBCA (in whole or in part) in specified circumstances.(6) In this section “specified” means specified in the regulations.”Member’s explanatory statement
This new Clause makes provision about the kinds of payments that may be provided for by the infected blood compensation scheme.

[Earl Howe (Con)]

I beg to move.

Amendments 119G and 119H (as amendments to Amendment 119F) had been withdrawn from the Marshalled List.

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Moved by

[Earl Howe]

119L: After Clause 40, insert the following new Clause—
“Applications and procedureRegulations under section (Infected blood compensation scheme) may deal with the procedure for the making and deciding of applications for payments under the infected blood compensation scheme and, in particular, may—(a) impose time limits for making an application or taking other steps;(b) make provision about evidence.”Member’s explanatory statement
This new Clause provides that regulations may make provision about applications under the infected blood compensation scheme and other procedural matters.

[Earl Howe (Con)]

I beg to move.

Amendments 119LA to 119MA (as amendments to Amendment 119L) not moved.

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Moved by

[Earl Howe]

119N: After Clause 40, insert the following new Clause—
“Reviews and appeals(1) Regulations under section (Infected blood compensation scheme)—(a) may make provision for the IBCA to review decisions taken under the infected blood compensation scheme;(b) must confer a right of appeal to the First-tier Tribunal against a decision taken under the scheme.(2) If the regulations make provision under subsection (1)(a), they may provide for the right of appeal to be exercisable only if the IBCA has reviewed the decision.”Member’s explanatory statement
This new Clause provides that regulations may make provision for reviews of, and appeals against, decisions made under the infected blood compensation scheme.

[Earl Howe (Con)]

I beg to move.

Amendments 119P and 119PA (as amendments to Amendment 119N) not moved.

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Moved by

[Earl Howe]

119Q: After Clause 40, insert the following new Clause—
“Information: infected blood compensation scheme(1) The IBCA may provide information to another person, and a person may provide information to the IBCA, for the purposes of any matter connected with the administration of the infected blood compensation scheme. (2) The IBCA may by notice in writing require a person to provide information to the IBCA for the purposes of any matter connected with the administration of the infected blood compensation scheme.(3) If a person fails to comply with a notice under subsection (2), the IBCA may apply to the appropriate court for an order requiring the person to comply with the notice.(4) The information referred to in this section may comprise or include personal data.(5) This section does not limit the circumstances in which information may be disclosed apart from this section.(6) Except as provided by subsection (7), a disclosure of information authorised by or required under this section does not breach—(a) any obligation of confidence owed by the person making the disclosure, or(b) any other restriction on the disclosure of information (however imposed).(7) This section does not authorise or require the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred and duties imposed by this section).(8) In this section—“the appropriate court” means—(a) in England and Wales and Northern Ireland, the High Court;(b) in Scotland, the Court of Session;“personal data”, “processing” and“the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.”Member’s explanatory statement
This new Clause enables the IBCA and other persons to provide information to each other for the purposes of any matter connected with the administration of the infected blood compensation scheme and also enables the IBCA to require other persons to provide information for those purposes.

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Moved by

[Earl Howe]

119S: After Clause 40, insert the following new Clause—
“Provision of support and assistance(1) The Secretary of State or the Minister for the Cabinet Office may make such arrangements as they consider appropriate for the provision of support and assistance to applicants (or potential applicants) for compensation under the infected blood compensation scheme.(2) The arrangements may be for the provision of support and assistance by the IBCA or any other person.”Member’s explanatory statement
This new Clause provides a power for the Secretary of State or the Minister for the Cabinet Office to make arrangements for the provision of advice and assistance to applicants and potential applicants under the infected blood compensation scheme.

[Earl Howe (Con)]

I beg to move.

Amendments 119T and 119U (as amendments to Amendment 119S) not moved.

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Moved by

[Earl Howe]

119W: After Clause 40, insert the following new Clause—
“Payments to personal representatives of qualifying infected persons(1) The Secretary of State or the Minister for the Cabinet Office must make arrangements for the personal representatives of a qualifying infected person (in their capacity as such) to receive a payment of £100,000.(2) A “qualifying infected person” is a deceased person—(a) who was registered as an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024, or(b) whose death was registered as the death of an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024,and to or in respect of whom no payment has been made under the Infected Blood Interim Compensation Payment Scheme.(3) An “infected blood support scheme” means—(a) the England Infected Blood Support Scheme established under section 2 of, and paragraph 7C of Schedule 1 to, the National Health Service Act 2006,(b) the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006,(c) the Scottish Infected Blood Support Scheme established partly under section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), and(d) the Infected Blood Payment Scheme for Northern Ireland established under section 3 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.(4) A “relevant organisation” means—(a) the Caxton Foundation (charity number 1142529),(b) the Eileen Trust (charity number 1028027),(c) the Macfarlane Trust (charity number 298863),(d) the Macfarlane (Special Payments) Trust established on 29 January 1990,(e) the Macfarlane (Special Payments) (No. 2) Trust established on 3 May 1991,(f) MFET Limited (company number 07121661), and(g) the Skipton Fund Limited (company number 5084964). (5) A payment is made in respect of a deceased person under the Infected Blood Interim Compensation Payment Scheme if a payment under that scheme is made to the person’s personal representatives (in their capacity as such) or the person’s bereaved partner.(6) The Infected Blood Interim Compensation Payment Scheme means the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons).(7) The arrangements under subsection (1)—(a) must include provision about the procedure for making payments to the personal representatives of qualifying infected persons;(b) may include arrangements for one or more other persons (which may in particular include relevant persons) to administer the making of payments, in accordance with that procedure, on behalf of the Secretary of State or the Minister for the Cabinet Office.(8) The arrangements under subsection (1) may be made, in whole or in part, by exercising powers conferred on the Secretary of State or the Minister for the Cabinet Office apart from this section.(9) In this section—“personal representatives” , in relation to a deceased person, means the persons responsible for administering the deceased person’s estate;“relevant person” has the same meaning as in section (Duty to co-operate with the IBCA).(10) The Secretary of State or the Minister for the Cabinet Office may by regulations repeal or amend subsections (1) to (9).”Member’s explanatory statement
This new Clause requires the Secretary of State or the Minister of the Cabinet Office to make arrangements for the personal representatives of deceased infected persons to receive a payment of £100,000 where no interim compensation payments have been made to or in respect of those deceased persons.

[Earl Howe (Con)]

I beg to move.

Amendments 119X and 119Y (as amendments to Amendment 119W) not moved.

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Moved by

[Earl Howe]

119YA: After Clause 40, insert the following new Clause—
“Information: payments to personal representatives(1) A person may provide information to—(a) the Secretary of State or the Minister for the Cabinet Office, or(b) a person administering the making of payments under section (Payments to personal representatives of qualifying infected persons) by virtue of section (Payments to personal representatives of qualifying infected persons)(7)(b),for the purposes of any matter connected with the making of payments to personal representatives under that section.(2) The information referred to in subsection (1) may comprise or include personal data.(3) Subsection (1) does not limit the circumstances in which information may be disclosed apart from that subsection. (4) Except as provided by subsection (5), a disclosure of information authorised by this section does not breach—(a) any obligation of confidence owed by the person making the disclosure, or(b) any other restriction on the disclosure of information (however imposed).(5) Subsection (1) does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by that subsection).(6) In this section “personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.” Member’s explanatory statement
This new Clause provides that a person may provide information to the Secretary of State or the Minister for the Cabinet Office, or a person administering the making of payments to personal representatives of qualifying infected persons on their behalf, for the purpose of any matter connected with the making of such payments.