Victims and Prisoners Bill

Baroness Featherstone Excerpts

Committee stage
Monday 26th February 2024 Lords Chamber

This Government say they are doing everything at pace for the Post Office Horizon scheme, with most settlements paid in full by August or as soon as possible thereafter. The victims of the infected blood scandal deserve no less.

[Baroness Featherstone (LD)]

My Lords, I apologise for not having been in the Chamber at Second Reading.

Thousands of people have died because of Governments’ and officials’ lies and obfuscation about the contaminated blood scandal. This Government, and every Government for the past 40 years, should be ashamed. Perhaps this Government should be more ashamed than all because, when we finally got the long campaigned for and long literally begged for public inquiry—I praise Theresa May for initiating that inquiry—the chair, Sir Brian, said in terms what the compensation should be and that it should be paid swiftly. Unbelievably, the Government are still prevaricating. I hope they are not hoping to limp on to the next election. We need to do better to stop obfuscation and delay, and make the amends that can be made, although nothing will ever make up for what has happened. My noble friend Lady Brinton’s speech was extraordinary and laid this out far better than I can. We can never bring back the 3,000 who have died and those who are dying every single day while this is delayed, nor undo the suffering experienced by this 40-year agonising wait for justice.

I declare an interest. My nephew Nicholas Hirsch, one of my sister’s twin boys, was a haemophiliac and contracted hepatitis C. He died aged 35, leaving a 10 month-old baby daughter. Every family that has lost a loved one is in the same position. Those who are still living need to live to see justice, and the families of those who have died need to see justice. The time being taken is obscene, inordinate and cruel. The rubbish being pumped out by the Government about waiting for the final bit of the inquiry is intolerable. Sir Brian, the brilliant chair of the inquiry, has made it crystal clear that there is no need and no time to wait. Quite frankly, we should not need a TV series and public outrage to be the motivation for the Government to do the right thing.

I have been trying over the years to get redress on the issue. I remember going with Lynne Kelly, head of Haemophilia Wales, to meet Chris Wormald, Permanent Secretary at the Department of Health, to show him the proof of obfuscation and lies. He lied to us there and then, and then he lied in writing—a lie for which he later apologised in writing, and which I submitted in evidence to the inquiry. It was shameful how many lies were told by officials to victims, as well as to the parents and families of those who were contaminated. The very least the Government can do is to act, right now, before any more victims die.

Before I sit down, I want to pay tribute to all the campaigners, fighters and families who have sought justice. In particular, I thank the Labour MP Dame Diana Johnson, who has been chair of the APPG and fought so hard on this, as well as Jason Evans from the campaign organisation Factor 8.

It is important to be clear beyond doubt and lay responsibility where it lies: at the Government’s door. These amendments make it clear that the Government are responsible for fully funding payments, that they should set up the body that will administrate this on their behalf, and that they must put on the record how and when this will happen, and stop prevaricating that they need to wait for the final report. For decency, for honour and for compassion, I ask the Government to please do the right thing and do it now.

[Baroness Campbell of Surbiton (CB)]

My Lords, before I begin, I too pay tribute to the late Lord Cormack. He was a consummate parliamentarian, but he was also my friend, and he taught me so much when I arrived in the House. Equally, he gave terrific support on disability issues; on every occasion, he was very supportive.

I support Amendment 134, in the name of the noble Baroness, Lady Brinton. I declare an interest, as my first husband, Graham, had haemophilia and received infected blood products. As a result, he contracted both hepatitis C and HIV. We learned of this only after we had become engaged. Graham died 30 years ago, on 19 December 1993, aged 32. We had been married for only six years.

I apologise that my health prevented me speaking at Second Reading. As I was directly affected by the infected blood scandal and gave evidence to the inquiry, I hope your Lordships will forgive this late intervention.

The noble Baroness, Lady Brinton, addresses a matter of profound importance to the thousands of us infected or affected by the shameful events that devastated the lives of so many. Your Lordships will remember that, in July 2017, Prime Minister Theresa May ordered a fully funded independent inquiry into how contaminated blood transfusions infected thousands of people with hepatitis C and HIV. She also allocated £75 million to be available for interim payments to victims still living and bereaved families. Yet only two months ago, some seven years on, the distinguished chair of the inquiry, Sir Brian Langstaff, expressed his frustration with delays in setting up a compensation scheme. He said:

“The Inquiry’s final recommendations on compensation were published in April 2023. My principal recommendation remains that a compensation scheme should be set up with urgency”.


The Government accept the “moral case for compensation”, but these words are meaningless if actioning the inquiry’s recommendations is further delayed.

It was in 1987 that Graham, then my fiancé, and his younger brother Anthony were first told that they had HIV from factor 8 clotting agents. Anthony was first to die, leaving a widow and a one year-old daughter. Graham endured five years of misery, a barrage of associated illnesses, including pneumocystis pneumonia, epilepsy and intermittent blindness. He died 18 months after his brother. It must have been unbearable for him to watch what he knew was in store for him, but his courage took my breath away.

I count myself lucky. I eventually found a way to move on, enough to lead a good, purposeful life after Graham died, but the memory and the flashbacks do not fade. Thousands of other affected families have not been as fortunate, with the personal cost of the past ever present and haunting. Many wives of infected men lost their childbearing years. Parents and countless partners gave up jobs to care for loved ones at a time when HIV/AIDS was stigmatising and isolating. There have been over 3,000 deaths to date, with an average of one more every four days.

The Government have rightly accepted more responsibility for their part in the tragedy, but they have procrastinated in establishing a compensation scheme. Not content with the guidance given by Sir Robert Francis, who was specifically appointed to make recommendations for compensation, the Cabinet Office has now appointed Sir Jonathan Montgomery to chair a group of experts to decide who gets what. Not surprisingly, the infected blood community is concerned, given Sir Jonathan’s past links with two bodies implicated in the scandal, and unhappy about yet a further delay.

According to the chair of the Haemophilia Society,

“it has caused huge anger and upset in the community. We certainly haven’t been consulted and neither have any other members of the community as far as I am aware. This is now the third knight to be asked for his opinion on it. First, Sir Robert Francis. Then Sir Brian made his recommendations in his interim report. They are now asking for a third time. It feels like they want to keep asking the same questions until they get an answer they like”.

I hope the Minister will tell us how this latest “body of experts” on compensation will involve members of the infected blood community, whose lived experience makes them experts too. The need for such involvement is a consistent theme of Sir Robert’s report if trust is to be restored. So, in the spirit of transparency, will the Minister let your Lordships have sight of the membership and terms of reference of this new expert group? Can he also give an approximate timeline of when compensation will be paid? As the Government insist on waiting for the final inquiry report to be published on 20 May, will the Minister at least assure this House then that a compensation scheme will be ready to go live afterwards?

Every year, on the anniversary of my late husband’s death, I visit St Botolph’s church in the City of London. It has a remembrance book with the names of hundreds of haemophiliacs who have died from infected blood products. Each year, I see pages of new entries. Surely this example alone should galvanise the Government into compensating those still living as soon as humanly possible. Each delay means countless more deaths without the comfort of knowing that justice has been served for the infected victims, and their affected partners and children.

Victims and Prisoners Bill

Baroness Featherstone Excerpts

Report stage
Tuesday 30th April 2024 Lords Chamber

[Lord Waldegrave of North Hill (Con)]

I join other noble Lords and Baronesses in paying tribute to my noble friend, who has been extremely generous with his time in meetings. I am quite certain that he personally has been pushing in the direction that has led to really major progress. I declare an interest as a former Secretary of State and therefore a witness to the Langstaff inquiry.

The three months is excellent; the shadow organisation set up before the final report is good; the shadow CEO is excellent. I am interested in Amendment 119HA, from the noble Baroness, Lady Brinton. Like her, I would like the reassurance sought in her proposed new subsection (2):

“In assessing compensation under the scheme, no account should be taken of any past support payments”.


The structures of the tariff-based compensation and so forth seem right and sensible. If we can have reassurance on that also, it would be very helpful.

The major item in the noble Baroness’s amendment is one that sets off tremendous alarm bells in the former Chief Secretary lobe—or half—of my brain. The idea of letting the chair set the tariffs, even with these structures around them, would have been very alarming to me, as a former Chief Secretary, and would be alarming to any future person who has to be accountable for public expenditure.

None the less, I still hesitate on it, because every noble Lord has spoken about the requirement to rebuild trust, and my noble friend himself began his speech with that. If it were possible to provide criteria for the payments such that the chair was enabled to be independent within those criteria, that would rebuild trust in a formidable way. I would be very interested to hear what my noble friend has to say on that.

Rebuilding trust is the primary task, as it has been among the terrible casualties of this disaster—trust in the state, trust in the NHS and doctors, trust in everybody. Trust in Ministers, of course, has been severely damaged and we may have to take exceptional steps in this really unparalleled scale of disaster to rebuild that trust. Precedent is always a terrible weapon to deploy against anything, but one hopes that there would be a few precedents for disasters on this scale in the future. I would like to probe my noble friend a little further on that, but I end by thanking him again. I was privileged to work with him as a colleague in the past, and it is no surprise to those of us who have worked with him that he has been not only efficient but empathetic and careful, in the best sense of the word, in his dealings certainly with me and, I suspect, with other Members of this House as well.

[Baroness Featherstone (LD)]

My Lords, as some of your Lordships will know, I declare an interest as my nephew died aged 35. He was a haemophiliac, a twin and my sister’s son. He left a 10 month-old baby daughter. I too thank the noble Earl for being so sincere about this. He is one of the first people I have heard on the government side who actually gets it and understands the agony that the community has been through over the last 40 years—so I thank him for that.

I will speak briefly to a couple of amendments. With Amendment 119PA, we are concerned that infected and affected people who may want to appeal against a decision on compensation will not be able to go to a separate body to appeal, as Sir Brian Langstaff recommended in his report. If Sir Brian’s recommendations are ignored, people will have to seek to reverse a decision through the First-tier Tribunal, as is the case at the moment. They are concerned about that because the First-tier Tribunal is not specialised in infected blood and has a whole host of other things to deal with, such as PIP and housing appeals. The process will be very difficult.