Infected Blood Inquiry: Government Response

Baroness Brinton Excerpts

Wednesday 21st May 2025 Lords Chamber

[Baroness Finn (Con)]

My Lords, I thank the Minister for responding to the Statement made in the other place almost to the day of the anniversary of the Statement and apology made on behalf of the Government by my right honourable friend the former Prime Minister.

The infected blood scandal is one of the most serious failures of the British state in recent years, and it has caused immense harm for tens of thousands of people and their families. The heartbreaking film shown on ITV last night depicted the terrible deeds at Treloar college in Hampshire in the 1970s and 1980s, reminding us that the story is not yet over for so many living in the aftermath of such enormous negligence. As I mentioned when we debated the infected blood regulations earlier this year, in his 2022 report Sir Robert Francis said:

“Sadly, many of the infected community fear that they have not got long to live”.


That is why urgent action is needed, and we are united across your Lordships’ House in our conviction that the victims of this appalling scandal deserve justice.

As noble Lords across the House are aware, when we were in government we made significant progress towards justice for victims of the infected blood scandal—and I pay tribute to my noble friend Lady May of Maidenhead for her role in establishing the statutory inquiry. I put on record once again our thanks to Sir Brian Langstaff and Sir Robert Francis for all their work, as well as to all the tireless campaigners, including the noble Baronesses, Lady Campbell of Surbiton, Lady Brinton, Lady Featherstone and Lady Finlay of Llandaff.

We welcome the fact that the Government have picked up where the Conservative Government left off and are continuing work to deliver justice for the victims. I particularly welcome the announcement that Sir Robert Francis, who has done so much to design and deliver the compensation scheme, will continue in his role as interim chair of the IBCA for a further 18 months.

We know there is nothing we can do that will truly heal the wounds felt by all those affected, but it is vital that we do all we can to address the pain and anger felt by those in the infected and affected communities. I also welcome the announcement of funding for charities to provide much-needed patient advocacy services. As time passes, we know that, sadly, fewer and fewer of the victims will be with us. For them, justice delayed really is justice denied, and that is why we support the Government’s work to speed up the pace of compensation.

The Minister will not be surprised to know that I have a few questions on the Statement. In the other place, Ministers said they expect to see a significant increase in the pace of payments. Can the Minister please explain the Government’s actual expectations of this increase in the pace of payments, and what does it mean in practical terms for victims?

Ministers have also said that a new surveillance registry will be set up to monitor liver damage in those infected with hepatitis C. I very much welcome this but, again, for victims, time is of the essence. Can the Minister please confirm when this service will be established?

Finally, I welcome the fact that the Government have accepted the inquiry’s recommendations, either in full or in principle. However, I note the mention made in the Statement that the implementation of some recommendations will depend on future spending decisions by the Department of Health and Social Care. It is obviously important that the expectations of those applying for compensation from the scheme are managed clearly and transparently at the outset. Can the Minister say which areas of the recommendations may be affected by the departmental spending decisions that were referred to, and will she undertake to report to the House by an appropriate means when the relevant spending decisions have been made?

[Baroness Brinton (LD)]

My Lords, I also thank the Minister for responding to the Statement in your Lordships’ House. I will start by thinking about all those infected and affected who, a year ago yesterday, heard Sir Brian Langstaff speak at the launch of the inquiry report. For those of us who were there, it was a joyful day when people really thought that things were going to change and happen at pace. The last Government promised rapid action, and the new Labour Government promised, and continue to promise in this Statement, moving “at pace”—indeed, the Statement uses this exact phrase. However, any conversation with any of the infected and affected leaves you in absolutely no doubt that, from their perspective, progress is still glacial: 77 claimants have been paid out of a possible 140,000, of whom over 3,000 have already died. Only 475 infected claimants have been invited to claim so far, and no affected claimants have even got that far because that scheme does not open to claimants until later this year.

If this is complicated—and we know that it is—why have the Government not invested more resources in the compensation body to process claims and, above all, not repeat work that has been done under previous schemes? As with many of the other current compensation schemes, including the Post Office Horizon scheme and the Windrush scheme, this one is floundering. It is fascinating that, whenever I talk to people from one of these schemes, they always cite how well the others are going, but all of them feel that everything is far too slow.

It matters because claimants are dying, probably every week. Some claimants were infected nearly 50 years ago, and Sir Brian’s statement on 13 May, made after taking two extra days of evidence earlier in May, is very clear. Action to speed up is needed now. Instead of a random system, including deferring all affected claimants until after the infected claimants have been sorted, is not acceptable. He proposes a prioritisation scheme, helpfully including worked examples. Will the Government accept that prioritisation is now necessary?

I have raised before the issue of an affected claimant who, when we looked at the regulation some months ago in February, was given less than a year to live. Under the current arrangements, there is not a hope that she will have even started the process before she dies. This is unacceptable. Will the Government ensure that all who have a limited time to live—I include within that Sir Brian’s definition of those over 70, and there are other detailed definitions as well—will have their claims started sooner rather than later?

There is also a difficulty with some of the routes. Those who were infected with just HIV—but probably hepatitis as well—have a very simple, essentially three-step route, and I am very grateful to the survivor who sent me two A3 pages demonstrating the processes. The HIV one is very clear, but for someone infected with hepatitis alone, it is essentially a horribly multifaceted process that takes up a whole page of A3 full of boxes. Will IBCA prioritise a simplification of this process? That is what is taking the time.

I also watched the Treloar documentary last night. I met some of the Treloar students in the mid to late seventies, with drama groups. I worked with those students. Talking to the survivors of Treloar’s, most of the young men I spoke to are dead. That, we need to remember. They and their families have a very difficult life; their families are still waiting. These are the affected people we have been talking about.

The Statement talks about listening to the incredibly moving testimony of those impacted, but feeling pain on their behalf is no longer enough—we must see action. Yesterday, a letter was delivered by the various survivor groups to No. 10, in which they said:

“As the Infected Blood Inquiry heard when it reconvened hearings on 7 May 2025, the community’s voice was absent when the Infected Blood Compensation Scheme was drawn up. The resulting scheme contains fundamental flaws, which could and would have been foreseen”.


Will the Government instruct IBCA to ensure that those are dealt with?

I will move on briefly to the government response last week to the Infected Blood Inquiry report, which has only taken a year to be published. First, on page 31, the Government say that it is

“complex to implement and enforce”

a duty of candour. I am grateful to the Government for making a priority of duty of candour in their manifesto, but there is still no timeline on when the Hillsborough law will appear. Those countries that have either a duty of candour or mandatory reporting for safeguarding find that having a strong law and good training absolutely changes the culture of those organisations. In Australia in particular, it works really well. May I encourage the Government to look at that?

Secondly, there are two recommendations on the defensive culture in the NHS and the Civil Service that are accepted only in principle. Repeated Home Office failures on the Post Office Horizon scheme and the Windrush scheme demonstrate that actually, we have to get rid of the defensive culture. It is a shame that, frankly, this has been recognised in principle only, and that the scale for it to happen has no timetable attached to it.

The Government say that the recommendations on training and an effective transfusion service are a

“complex set of sub recommendations”

from Sir Brian, but they say there needs to be

“a joined-up approach across … four services”.

This, again, is in principle, with no timeline, mainly because no funding has been identified. Have we not learnt from Sir Brian’s inquiry report that we have to do this to stop future mistakes?

On the patient voice, I echo the comments of the noble Baroness, Lady Finn, about the gratitude for the funding for the IB groups. That is important, but the Government have not accepted in principle the clinical audit. The Welsh and Scottish Governments have, but our Government and the NIA have not. Please can this be done at pace? It is ridiculous to do it on its own.

In summary, things need to change, and fast. I recognise that the compensation body is an arms-length body, but please will the Government provide funding to upscale things so that compensation can start in earnest?

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, I am grateful for the contributions of the noble Baronesses, Lady Finn and Lady Brinton. As ever, the tone of this discussion and the questions so far has been one of sensitivity and co-operation; it is your Lordships’ House at its best.

I pay tribute to the work of many noble Lords across the House. Parliamentary scrutiny has played an important role in holding the Government to account on the progress they have made in responding to the inquiry, and I know that your Lordships’ House will continue to push forward the implementation of the inquiry’s recommendations.

I thank the noble Baronesses, Lady Campbell of Surbiton and Lady Featherstone, for their ongoing engagement. I also put on record my personal thanks to the noble Baronesses, Lady Thornton and Lady Finlay, who have been incredibly helpful in my own journey on this area. We are truly lucky to have such tenacious women in your Lordships’ House.

The inquiry’s report revealed the scale of devastation caused by the infected blood scandal: lives were shattered and families were torn apart, all attributable to the collective and avoidable failings of the state. I and ministerial colleagues have pledged on a number of occasions that this Government are listening, and we are hearing. We will not seek to repeat the mistakes of the past. I hope that the progress set out in the Government’s response provides some reassurance—although, rightly, with questions—that we are acting on the inquiry’s recommendations. On behalf of the state, I reiterate our deepest apologies to those impacted by this heartbreaking scandal, as my right honourable friends the Prime Minister and the Minister for the Cabinet Office have stated.

I turn to some of the specific points and questions that the noble Baronesses have raised. I apologise if I am unable to cover all the points raised, or if I have misunderstood any of them. I will reflect on Hansard and write to all noble Lords who participate today.

On the speed of delivery of the compensation, I think we know that this is at the heart of many of the issues highlighted over the last week in the media, separate from the heartbreaking documentary shown last night. I know that the speed of compensation payments is a primary area of concern to both noble Lords across this House and in the infected blood community more widely. Earlier this month, IBCA confirmed plans to ask an average of 100 people a week to start their claims. While the rollout of the scheme is an operational decision for IBCA, as an independent body, the Government are supportive of this ambition and stand ready to assist in speeding up payments. I am assured that it has the resources to expedite its findings. If it does not, I will speak to officials today and find out what else we need to do.

As the Minister for the Cabinet Office noted to the inquiry last week, the Government will consider the concerns that the inquiry and the infected blood community are continuing to raise. The Government’s primary focus is ensuring that compensation payments are made as quickly as possible, and we are aware that that leads to some challenges with certain parts of the implementation.

On the duty of candour, I recognise the concerns about the delay in introducing the forthcoming Hillsborough law Bill to Parliament. I want to assure your Lordships’ House that the Government remain fully committed to legislating in this area. The Government have been consulting widely with interested parties—we want to get this right—and are working to ensure that the best version is drafted ahead of its introduction. I look forward to debating the content of the Bill with noble Lords.

I reiterate the point about the ongoing implementation of the inquiry’s recommendations: we are committed to future transparency and accountability in this area, and we will be publishing the Government’s progress via a publicly accessible dashboard in due course. The dashboard will be updated regularly as progress is made.

We started by highlighting the documentary that was shown last night. There are too many heartbreaking stories associated with the infected blood scandal—in fact, every story is heartbreaking. What happened at Treloar’s was utterly abhorrent. I encourage all noble Lords across the House to watch the documentary, and I pay tribute to those in the community who courageously told their stories again to bring this documentary to our screens. The Government are committed to remembering the victims of this scandal through memorials, both specifically at Treloar’s and more widely in the UK. We are working through the process to remember them in a way that is appropriate and fitting.

On the extension of Sir Robert Francis’s contract, I am pleased that he will be continuing in his role. He has been involved in the creation of the process, and we have a shared priority to deliver compensation as quickly as possible.

With regard to monitoring liver damage, we absolutely recognise the importance of this for those who have been infected, and we will accept the majority of the sub-recommendations in full. Our approach will balance the implementation of the recommendations against the principle that all patients should receive the same treatment, irrespective of how the disease was acquired.

With regard to the DHSC and the recommendations, we are awaiting the CSR, so noble Lords will have to bear with me, but we will update the House on the additional recommendations as and when.

In respect of compensation and the speed of delivery, I can assure noble Lords that IBCA is committed to opening the full compensation service to all those eligible as soon as possible. On 11 February, IBCA set out its plans to open the compensation scheme in stages to make sure it is effective and secure for all those claiming. This was a decision taken independently of the Government by the IBCA board. IBCA is —importantly—an independent agency, but we do want it to expedite the payments. The Minister for the Cabinet Office is looking at all the recommendations and I will report back to your Lordships’ House in due course, when we have the recommendations of the latest stage of the inquiry.

With regard to charitable funding, as has been mentioned, I am pleased that the Department of Health and Social Care has identified a pot of £500,000 for this financial year. This is brand-new money for those charities that have supported victims in the infected blood community for many years, doing so independently. The Government recognise the important work done by those charities that are supporting the infected and affected community and the pressures placed on these organisations following the inquiry’s report and the Government’s setting up of the infected blood compensation scheme. Earlier this week, I met with the Hepatitis C Trust, which has had more than 3,000 phone calls just this year related to infected blood.

With regard to further hearings and the report, we remain fully committed to co-operating with the inquiry and to acting on its recommendations, and we are grateful for its compensation work to date. So far, we have set aside £11.8 billion to compensate the victims and made compensation offers of £130 million. I am conscious that noble Lords across the House will be keen to hear the Government’s plans for responding to the inquiry’s forthcoming report on the design of the scheme and the speed of delivery. While I cannot commit to concrete timelines at this stage, my honourable friend the Minister for the Cabinet Office will carefully consider all proposals and recommendations from the inquiry and will respond as soon as possible.

I thank noble Lords once again for their contributions. I am determined that we shall continue to work closely together to progress this work and continue in the spirit that has characterised our debates on this issue. The Government are clear that this is not the end of the discussion on infected blood. There is much more for us to do to deliver justice to the infected blood community: people who have suffered so much hardship as a result of this scandal. We must do what we can to provide what justice we can, and they must be at the forefront of our minds and our primary focus as we do so.