Infected Blood Compensation Scheme Debate

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Department: Cabinet Office

Infected Blood Compensation Scheme

Ben Lake Excerpts
Thursday 18th June 2026

(1 month, 2 weeks ago)

Commons Chamber
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Pete Wishart Portrait Pete Wishart (Perth and Kinross-shire) (SNP)
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I whole- heartedly congratulate the hon. Member for Eltham and Chislehurst (Clive Efford) on the customarily forthright and direct way in which he opened the debate. I agree with all the points he made; he would expect that of me, as his loyal deputy on the all-party parliamentary group. It is great that we have heard so many solid and significant contributions today.

Once we are a couple of hours into a debate, we start to get a feeling for how it is going, the emerging themes and the sense of direction. We all acknowledge and appreciate the huge progress that has been made. When I started out on this campaign more than 20 years ago, I would never have believed that we could get to this point, at which payments are being made to those impacted and those affected.

The Minister is starting to hear that the same issues are emerging. Constituents are experiencing the same complications and difficulties, and the same representations are being made. I will not touch on those, because so many have been raised, but I might just reinforce some of the points made. The Minister is beginning to hear a chorus of things that need to be addressed—and addressed they must be. We are on the cusp of having something of which we can be proud—of this House having addressed one of the biggest scandals that we have ever experienced in parliamentary life. We took control of it; we handled it; we got a report and an inquiry; and we got billions of pounds of compensation. We have the opportunity to pay that compensation right now, and I hope that the Government grab it.

I pay tribute to IBCA for the work that it has done. It is amazing that we have put together the infrastructure and a support scheme as quickly as we have. IBCA has done remarkable work in such a short time. It is starting to deliver, and I think we are all immensely pleased and proud that this House has collectively been able to construct it, and to make sure that it is functional and works. I have visited IBCA on a couple of occasions, and I have met the staff and discussed many of these issues with them. I recognise their sheer dedication to the work that they are pursuing, in the best interests of everybody whom they serve; and their commitment, as an arm’s length body.

It is amazing that we have got here, but it was not always like this. I remember what happened back in the early 2000s. I am looking at the chair of the APPG, my friend the hon. Member for Eltham and Chislehurst, and he will remember this, too. We were fobbed off, disregarded and lied to when we took up the cases of our constituents. They presented to us at our various surgeries with these unexplained difficulties and complications. They would say, “How did I get HIV?”, or “I’ve got hepatitis. I do not know how on earth this happened.” We would write to successive Ministers in the Department of Health, making representations, and asking for assistance or acknowledgement, only to be told that they were not interested, and that there was nothing to see here. They would say, “Move along. We are not prepared to take this up. Believe me, we are doing everything in our power, and there’s really nothing to acknowledge.” For years, we were fobbed off and disregarded, and for years, we fought on.

Over the years, I have got to know the campaigners. They came together with a common purpose, determined to get to the heart of the issue and to support each other. We call them the community, and we could not find a better community than the campaigners who have led this, been at the forefront, and refused to accept “No”. They are people with different lives from different backgrounds, but they all carry the burden of what happened to them. All of them are still here, fighting the good fight, determined to get justice for the whole community, and that whole community is the key thing today.

I was the APPG chair for all those years, and the community has some of the finest people I have ever encountered. I have seen lots of campaigns in this House, and I have seen how people approach these issues, how they take them forward, how they engage and how they access their Members of Parliament to make sure that things are done. It is the most fantastic campaign we have ever had. Unfortunately, I could not make the ceremony at St Paul’s, as I was recovering from an illness, but I know from friends, colleagues and campaigners who were there the importance to them of that ceremony, where they were recognised as a community for their work.

There have been high points, and we should acknowledge that. Few of us would have expected Theresa May to have made the announcement back in 2017 that there was to be a full inquiry. A lot of us were surprised that she chose Sir Brian Langstaff to lead it, and lead it he did. Like many people in this debate, I listened to lots of the evidence in the inquiry sessions, and I cheered along with the community when the report was produced. I was in this House when the report was launched, and the Government took full responsibility and said that there would be a full repayment scheme and that people would get what they should. Those were great days, met with real enthusiasm and euphoria by those who have campaigned.

There have been good days, but we have to address the biggest issue. It has been mentioned on several occasions, so I will not labour the point, but people have been waiting decades. Even at this point, the majority of these people are still waiting just to start their claim. That is not to receive compensation—we might think that we would be at that stage now—but just to get into the system. Even at this stage, only a relatively small number have been paid. People have mentioned that these are real people—people who are unwell and who know that time is not on their side. I do not know which Member mentioned it, but people are dying weekly because they are not having their situation attended to and their payments made.

Families still have no clarity about when their case will move forward. That is made worse by what is being asked of them. I have been surprised—I have listened carefully to colleagues who have raised this—that we see people being asked for evidence that in many cases simply does not exist. They have been asked for records from decades ago, such as proof of cohabitation between parents and children in the 1980s. Those things were probably never properly recorded in the first place, and if they had been, it may have been lost over time. That means that so many people are being delayed or sometimes shut out completely because they cannot meet requirements that are not realistic. In some cases, people run into a purely arbitrary administrative date, rather than when harm was actually suffered. Members have mentioned the bereaved families in whose cases support can stop at the point of death rather than reflecting the full impact of what has been lost.

Another theme that has developed—I think it was the right hon. Member for New Forest East (Sir Julian Lewis) who raised this in particular—is the growing concern about those with hepatitis C who were treated with interferon. That has to be addressed. Of all the issues that have started to emerge, that is the one that the community in general wants us to press as strongly and as directly as we can with the Minister. I hope that we get some satisfaction.

Ben Lake Portrait Ben Lake (Ceredigion Preseli) (PC)
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I am grateful that my hon. Friend has reiterated that point, and I will do likewise. Many of my constituents who have been affected and infected by this scandal have asked me to emphasise the point that even the updated scheme does not properly recognise the long-term consequences of interferon treatment.

Pete Wishart Portrait Pete Wishart
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Interferon was introduced as almost like a chemotherapy drug back in the day, and some of its impacts and consequences have been similar to the side effects and impacts of chemotherapy. Physically and mentally, the effects are often severe and long-lasting. When the Minister is on his feet, perhaps he can explain a little more about what he intends to do with this group and this community. The Government have introduced a new level 2B to recognise some of these harms, and my understanding is that it provides a temporary uplift, but it seems to apply only in certain circumstances. What it does not seem to do—I have read about it carefully—is reflect the long-term reality for many. The argument appears to be that the higher category covers just about everything else when it comes to interferon treatment for hepatitis C, and that levels 3 and 4 already take interferon into account. My colleagues in Haemophilia Scotland asked for the evidence showing how that was factored in, and none was provided, so can the Minister tell us a more about that evidence in relation to levels 3 and 4?

A similar set of concerns relate to unethical research, as we have heard. The Government have expanded eligibility and increased awards. That is welcome in principle, because it means that people are recognised without having to jump over additional evidential hurdles, but there is still a lack of clarity as to whether the level of award properly reflects what actually happened to people. The issue seems to be the arbitrary 1985 cut-off date. Perhaps the Minister can provide clarity. Officials say that there is no evidence of unethical research beyond that point, but the inquiry itself referred to evidence beyond that date, and even up to the 1990s, of children being recruited without proper information or consent. Why did the Government arrive at 1985 as a cut-off date for eligibility for unethical research awards, given that there is evidence that unethical trials and research continued well into the 1990s?

There are also ongoing concerns about estate claims, because the structure of the payments could disadvantage those who died earlier, and about unpaid care over the years. That, again, has been reflected by several hon. Members.

A few people referred to some of the different schemes around the devolved nations. I am particularly proud of what we did in the Scottish Parliament, and the Minister will be aware of the bespoke schemes across the whole United Kingdom, not just in Scotland. The one that particularly worked in Scotland—I want the Minister’s response regarding what has happened to it—is the special category mechanism known as the severely affected category. This was open to people who had significant problems and issues; they could apply, and were given an increased payout and support. That has since been subsumed under the general supplementary scheme; that scheme is welcome, but this is disadvantageous compared with the superior scheme in Scotland. Those who were initially on that superior scheme have been kept on it, but those who wished to apply for it have to go through bigger hoops and hurdles to get there. We need to know that scheme will still be available and that it will be easier for people to apply to it, because we were particularly pleased about the way it operated in Scotland.

Let me turn finally to accountability. Throughout the decades, the Government repeatedly dismissed those asking questions and trying to achieve justice. The final report acknowledged that the infected and the affected were fed lies and lines, and that serious concerns were dismissed outright. We have to address this. We cannot leave it. We have to look at how we get round some of the things that were encountered. I remember the letters I got from various Government Ministers: “The Government do not accept that any wrongful practices were employed and do not consider that a public inquiry is justified.” I got that for years, every time I raised these issues on behalf of a constituent.

I listened carefully to the infected blood inquiry. The evidence I found most compelling was from a certain Andy Burnham, who was Health Minister at one point during that period—I believe he is in the news today for some other reason, not particularly related to this. I remember Andy Burnham candidly telling the inquiry that he now knew that the lines he had been given by senior officials in the civil service were wrong, and that he had sent lies to me and other Members who raised these issues in Parliament. That is what he said, in effect, in evidence to the inquiry. That is simply unacceptable.

The current Ministers are probably much better than their predecessors, and will look carefully at what comes across their desks, but this must not be allowed to happen again. That is why we need a statutory duty of candour on all public officials, including civil servants and senior civil servants. More than that, we need an independent compensation body to oversee all Government compensation schemes. Such a body would retain expertise and experience, would save time and money when schemes are set up, and would be capable of ramping up and down according to need. The Hillsborough law must be enacted without delay, introducing a duty of candour for everybody involved in public life. A national oversight mechanism should be established to monitor and scrutinise the implementation of recommendations from all public inquiries and hold the Government to account.

After all this, it is hard to believe that the first meeting I had about the issue was back in about 2004, with a lovely lady from Blairgowrie, in my old constituency. She came to see me in what could only be described as a hell of a state; she could not account for why she had HIV following a blood transfusion after a medical emergency. It was because of her that I started to get involved in all this, tried to find answers and tried to ensure that campaigners got justice. The name of that lady was Tricia Titheridge. After contracting HIV, she died in 2013, without seeing the huge progress that we have made. It is because of people like Tricia that we are all still here—still fighting to ensure that everybody is included and that there is a scheme that works for all our constituents. Looking at the Minister and knowing the qualities that he will bring to this job, I am pretty certain that he is going to be the man who delivers this for everybody, meets our concerns and looks at the difficulties we have presented today.