Victims and Prisoners Bill

Baroness Butler-Sloss Excerpts

Report stage
Tuesday 30th April 2024 Lords Chamber

[Baroness Thornton (Lab)]

I thank the noble Earl for his usual comprehensive and very straightforward summing up, but we do not agree with him.

Part of the problem is that, although the Hillsborough charter may be comprehensive, a large part of it is voluntary. What we are discussing is something that covers everybody. Frankly, if a duty of candour can be applied equally in a hospital to the most senior consultant and a porter, I cannot see why it cannot be applied in this case to everybody. I am a non-executive director, and my chair and I both have the same duty of candour within the NHS, wherever we work and whatever we do. A duty of candour is not a silver bullet—I absolutely accept that it is often very tough to implement, as the noble Baroness, Lady Brinton, knows—but it can change an organisation over a period of time.

The noble Earl himself has found many ways to achieve many things in his public duty, including the duty of candour in the NHS. It must be possible to say that all public servants should be bound by a duty of candour and to ensure that it is possible to do that regardless of whatever codes they are following and whatever they are doing.

[Baroness Butler-Sloss (CB)]

I am grateful to the noble Baroness. Apart from inquests and statutory inquiries, what are the circumstances in which she expects this to be necessary?

[Baroness Thornton (Lab)]

Earlier in the debate, it was quite clear from our discussions about the report on Hillsborough that it should cover everybody who gives evidence and is involved in an inquiry or whatever arises out of a serious incident. That is what we are seeking to do. On that basis, I would like to test the opinion of the House.

--- Later in debate ---

[Baroness Finlay of Llandaff (CB)]

My Lords, I add my thanks to the noble Earl, Lord Howe, for the extremely sensitive way in which he has been open to discussions at all times. I know that he has met with many of us individually.

As noble Lords have heard, there was an error with the clerical system, so my name was added to a government amendment; I think the Public Bill Office was overloaded. There is much to commend in the government amendment, but I am not supporting it because I have put my name to amendments to it. I put my name to a lot of the amendments. Others have spoken very clearly to all those amendments.

There seems to be a problem with the government amendments, which is the word “may”. Reading through, one sometime feels that word should become “must”. It would be helpful to have clarification from the Minister on why some of the “mays” are not becoming “musts”. The “must” really makes things happen.

Compensation is long overdue. I remind the House that it was in May 1975, nearly 50 years ago, that the WHO expressed serious concern at the international plasma trade. There has been an enormous erosion of trust, grief and anguish. I even worry when people talk about rebuilding trust, because I think we have to stop it being eroded. From the explanations that I have heard outside this Chamber from the noble Earl, I can see how the Government are really hoping to stop the ongoing erosion of trust. That has to happen before you can start to rebuild it.

The inquiry led by Sir Brian Langstaff made clear recommendations about interim payments and the way a compensation scheme should be managed in the future. I am glad the Government accept the amendment in the name of the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Campbell, which requires a stated time of implementation within three months of the Bill passing. It is essential that the details of all these processes are looked at very carefully so that they do not leave anyone feeling that anything has been kicked into the long grass yet again. Support and assistance will be essential. That seems like a time when “may” should be changed into “must”, as in Amendment 119T. The interim payments must be made within one month of the Bill passing.

On a High Court judge being the appointed chair, I know the Government have said that they want to keep the options open and somebody excellent may come forward. Somebody may, and they could certainly serve on the board, but, of all the skills that a High Court judge has, they need to be seen to be there to oversee the infected blood compensation authority.

On that authority having among its executive members those infected—involving the infected blood community —I simply reiterate the point that those people will need great support, because it will be extremely difficult for them on that board with some of the decisions that they will have to take and some of the difficulties lying ahead. On the selection process, I hope that the support is adequately available and that not too much falls on the shoulders of any one person.

[Baroness Butler-Sloss (CB)]

Perhaps I may add something about High Court judges, having been one myself. It may not be necessary to have a sitting High Court judge, because there are a number of recently retired High Court judges who would be entirely suitable. However, it needs to be a High Court judge who has tried medical cases. I add the fact that many family judges try medical cases quite as much as civil judges. Let us not necessarily be tied to an existing High Court judge.

[Baroness Meacher (CB)]

My Lords, this is my amendment, so I think my job is to bring this—