Infected Blood Compensation Scheme (Amendment) Regulations 2025

Baroness Finn Excerpts

Thursday 11th December 2025 Lords Chamber

I have some questions about eligibility for the SCM that I will not go through here, but I think the Minister needs to understand that there is a very large group of victims who are extremely concerned about what is going on. Some of them are actually outraged; they feel that this is worse as they are allowed only to make written submissions regarding the SCM and the expert group—the TEG. This seems to really get close to infringing human rights for these victims. I am not expecting the noble Baroness to answer on the detail. The big message I would like the Government to hear is that in the space of one month, in which the Government have been trying to rebuild trust with the victims, things are changing that they are not aware of and not able to get to. Please will the Minister review this with IBCA as a matter of extreme urgency?

[Baroness Finn (Con)]

My Lords, I welcome the progress that has been made by the Infected Blood Compensation Authority—IBCA—and the Government in delivering payments. I pay tribute to the work of Sir Brian Langstaff and all those involved in the Infected Blood Inquiry and its additional report. This report made a number of recommendations to improve the compensation scheme. The Government have broadly accepted the recommendations, five of which are given effect by the regulations before us. After the catastrophic failures that led to the infected blood scandal, it is vital that justice is delivered swiftly and fairly to all who were affected.

I also take this opportunity to thank the noble Baroness opposite for her letter of 27 November, which addressed some of the questions that were raised when we discussed this matter on 4 November. In particular, I am glad to see in response to my question about the steps the Government and IBCA are taking to ensure that those who should be prioritised for compensation are being identified that the noble Baroness has confirmed that IBCA will prioritise claims in the order recommended by the inquiry.

In line with my colleagues in the other place, I make it clear at the outset that His Majesty’s Opposition support these regulations. There are no substantive differences between the position of the Government and that of the Opposition, or even of the previous Government. However, we cannot forget that we are discussing one of the most egregious and profound injustices: the infliction, collectively, of grievous harm upon thousands of people by the state. It is paramount that we have a scheme which delivers justice and redress compassionately, quickly and fairly. We support the five recommendations that the Government are accepting and legislating for today. I welcome that they go some way to making this ambition a reality.

The changes include: provision to remove the 1982 start date for eligible HIV infections; removing the need for applicants with hepatitis C or B to evidence their date of diagnosis, which does not have a bearing on the calculation of an individual’s compensation; and removing the earnings floor on the exceptional loss award for the financial loss supplementary route, thereby creating a route for infected people to present evidence on their actual earning loss.

We welcome the Minister’s confirmation that lifting the HIV start date means that it will not matter when a victim was infected with HIV, provided that the infection arose from treatment with contaminated blood or blood products administered before 1 November 1985. However, can the Minister confirm that this also applies to those who only discovered or were only informed much later that they were infected, but where the likely cause was treatment before the relevant date? Similarly, can she assure the House that no one who should be eligible will fall through the cracks because of earlier failures in record keeping, particularly those infected as children whose medical records may have been incomplete at the time? We must ensure that no one is denied the compensation they both need and deserve, and I am sure that this is something the Government will wish to avoid.

The Minister will also be aware of the representations from those deliberately infected with haemophilia as part of clinical studies and of their deep concern at the proposed level of compensation for deliberate infection. Will the Minister commit to working with Sir Brian to review whether that component is appropriate?

When we debated this matter on 4 November, the noble Baroness, Lady Brinton, and I raised concerns about IHT and the risk that the Government could be giving out compensation with one hand and clawing it back with the other. The Minister said in response to our concerns that she was listening and would seek to arrange a meeting with Treasury officials to discuss this issue further. Can she update us on this meeting, and what recommendations or changes have come out of it? Can she confirm that all infected blood compensation payments, whether made directly to victims or through estates, are entirely exempt from inheritance tax, regardless of the circumstances or timing of payment?

The noble Baroness also raised the review by Sir Tyrone Urch when we last discussed this matter. Can she give us an update on what assessment the Government have made of the recommendations he made and whether any of them are going to be given effect? Can she please assure the House that the changes we are debating today will not impact on the timeliness and swiftness of repayment to victims, given that they will likely impact on the scale of the operation? As the Minister in the other place confirmed, we have moved from the test-and-learn approach to the exponential phase of delivery. Rather than having yet more reviews and recommendations, the Government must now focus on the delivery of IBCA at scale. The scaling up process must be commensurate with the urgency of the situation.

Finally, as we have repeatedly highlighted over the past year, many victims and families still feel that they are in the dark—an issue identified again in Sir Brian Langstaff’s most recent report. The Minister in the other place has given an undertaking that transparency will be at the heart of any expert group going forward. Will the Minister commit to publishing a clear communications plan and to working with IBCA to ensure regular updates and accessible guidance in plain English so that those who may be eligible understand their rights and can access the compensation they need?

I reiterate that we support these regulations but would welcome clarity from the Minister on the points that I have raised. I thank her again for the steps that she and the Government are taking to provide some redress after this terrible saga. We appreciate the need to proceed with care and consideration, but we must not lose sight of the need to scale up delivery so that the process can be as quick and effective as possible. That is the only way to ensure that those victims and their families who have already been failed so profoundly by the state face no further injustice.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I would usually say I thank noble Lords, but I thank the noble Baronesses—as is our wont when we talk about issues of infected blood—for their points and their continued representation of the infected blood community with unwavering dedication. Many in your Lordships’ House have consistently ensured that the voices of the infected and affected community are given a voice in this Chamber. I particularly pay tribute to the work of the noble Baroness, Lady Brinton, the noble Baroness, Lady Campbell—I was delighted to see her in your Lordships’ House last week, and she is definitely on the road to recovery—and the noble Baroness, Lady Featherstone, who has ensured that we always have a human voice, as well, of course, as the noble Baroness, Lady Finlay. Their resolve in seeking justice for the victims of this scandal cannot be overstated, and their generosity of time to make sure that I am fully abreast of such issues has been incredibly personally beneficial.

I also thank my opposite number, the noble Baroness, Lady Finn, for how constructively we have worked together on these issues to deliver for a community that rightly has limited faith and trust in government after its experiences. The onus is on all of us in your Lordships’ House to make sure that community knows we are listening. I will look in detail at the comments of the noble Baroness, Lady Brinton, whose questions were very specific, as she highlighted. It may be useful for us to have a meeting with officials. I will invite all those who have participated today to attend , but I will also reflect on the points and write in advance of it.

We are here first and foremost to debate the regulations, and I will prioritise the issues raised on them in my response. I am aware of the other points that have been raised and will do my best to address those too, but obviously I will reflect on Hansard if I miss any of them. On the specific points raised, I will start with those from the noble Baroness, Lady Finlay. These are incredibly important points, and she worried me, when she gave me the detail in advance, that there was a gap that we had missed. So, to clarify for the record—I think that would be useful—someone infected as a child would receive injury, social impact, autonomy, care and basic financial loss awards in the same way as an adult. They would not receive an additional financial loss award for the years when they were aged under 16. However, they would still receive an additional financial loss award for the years when they were or will be aged 16 or over. I hope that gives a level of reassurance.

In the heartbreaking situation when an infected child has passed away, a bereaved parent would receive injury, social impact and autonomy awards based on the child’s infection and infection severity. This will not change based on how old their child was when they passed away. The awards to parents are higher where their child’s infection has caused or is expected to cause an early death in the future. This includes those infected with HIV or levels 3, 4 and 5 hepatitis infections. They would also be the likely beneficiary of their child’s estate under the law of intestacy. All such would likely be the recipient of whatever injury, social impact, autonomy, care and financial loss awards are due to the child’s estate. So there is still a level of compensation, but I will make sure that I also write to the noble Baroness so that she has a copy in writing as well as from Hansard.

I will touch on IBCA’s prioritisation, because that is helpful in this context. IBCA is prioritising those nearing the end of their lives because community members and representatives have highlighted how important it is for these people to start their compensation claims. “Nearing the end of life” means that a person has been told by a doctor or medical professional that they might have fewer than 12 months to live. This could be due to any medical illness or condition; it does not need to be caused directly by an infection from contaminated blood.