Infected Blood Inquiry

Caroline Nokes Excerpts

Tuesday 19th November 2024 Commons Chamber

[Nick Thomas-Symonds]

I can indeed confirm that. The authority is working in a way that will allow it to scale up as quickly as it possibly can. The need for speed in delivering compensation payments is paramount.

Memorialisation will be really important in how we remember the victims of this scandal. Sir Brian Langstaff makes a compelling case about the need to recognise what happened to people, and for it to be recognised by future generations. Officials have begun the necessary work to respond to Sir Brian’s recommendations on memorialisation, and we recognise that this is an incredibly sensitive issue that we need to get right.

Sir Brian Langstaff’s recommendations call for fundamental changes to the way that politics and Government operate, and for one of the largest compensation schemes in UK history. That is entirely in line with the scale of the injustice that he has uncovered. Given the scale of the recommendations, I am committed to updating formally on them within the 12-month timeframe set out by Sir Brian Langstaff, but I assure Members of this House, and, indeed, the infected blood community, that we will drive forward this vital work. We will deliver the changes that are needed, which will stand as a testament to the bravery and determination of people who have been so badly failed.

I pay tribute to all those who fought so hard to bring us to this moment. Their efforts are monumental, and we commit again today to ensuring that they have not been in vain. I commend the motion to the House.

[Madam Deputy Speaker (Caroline Nokes)]

Before I call the shadow Minister, I wish to make a short statement about the House’s sub judice resolution. I understand that several legal cases relating to contaminated blood products have not yet concluded. However, given the public interest in this issue, Mr Speaker has exercised his discretion to allow reference to specific proceedings where necessary, as they concern issues of national importance.

I call the shadow Minister.

--- Later in debate ---

[Ian Lavery (Blyth and Ashington) (Lab)]

In the past three years alone, I have spoken in this House at least 10 times about the delays that the victims of contaminated blood have faced in obtaining the justice and compensation they deserve. Progress has been painfully slow and, as my right hon. Friend the Paymaster General said, there is much anger, frustration and mistrust for us to deal with, as it has not gone away. It has not been diluted by the general election, and those seeking compensation are rightly angry and mistrustful.

In May 2024, the inquiry found that more than 3,000 people had sadly died as a result of this scandal. Roughly one victim dies every two days, many without receiving compensation. I would not like to calculate how many people have died since I first spoke about contaminated blood in the House. My right hon. Friend mentioned further legislation and, between now and then, more people will sadly pass on as a result of this scandal.

I appreciate that my right hon. Friend has had only a few months to try to rectify the consequences of the previous Government’s slow response to Sir Brian Langstaff’s demands. Again, I urge my right hon. Friend to do everything in his power to ensure that the Infected Blood Compensation Authority hires the staff needed to address the challenges and to design the procedures required with the utmost urgency. I am sure that my right hon. Friend has got the message.

I have spoken in the House many times of my constituent Sean Cavens, who was one of the youngest people in the country to be infected with hepatitis C as a result of being given contaminated blood. He has campaigned tirelessly on behalf of fellow victims of the scandal. Many people have died waiting for justice.

At the current rate of settling claims, which is another huge issue, victims and others are concerned that many more people will die without seeing a ha’penny of compensation for themselves or their families. They question whether the Government are acting quickly enough, with only 270 claims expected to be dealt with by the end of the financial year and more than 4,500 claims in limbo. I share their concerns; I am not sure if that is good enough.

Sean is now 43 years of age. He was infected with hepatitis C and other viruses in 1983. He wonders where he fits in the selection process. He will not be alone in wondering whether he must simply hang on and hope to survive long enough to see justice done for him and his family.

While the scheme currently has no effect on payments made through the infected blood support schemes, that will cease to be the case in the new financial year. I hope my right hon. Friend the Minister will review that approach and extend the deadline, so that people who receive payments after 31 March 2025 do not see that deducted from compensation through the new scheme. Will my right hon. Friend the Minister consider that point?

Fundamentally, Sean and others are concerned that those currently on the infected blood support schemes are not automatically being offered the core route payment. They wonder why they cannot be offered a lump sum payment equivalent to payments up to the average life expectancy of 86. They are also concerned that the rates of compensation to be offered are rumoured—I emphasise the word “rumoured”—to be only 20% of current annual payments. I am sure that will be outlined by my right hon. Friend in his winding-up speech.

The uncertainty about the compensation scheme’s date of infection criteria is causing concern for victims. The burden of proof for those who were infected after screening for relevant viruses began is deemed by the Infected Blood Compensation Authority to be “higher”, but without any clarification on what that actually means in practice. Will the Minister provide such clarification? Screening began for HIV in November 1985 and for hepatitis C in September 1991, but for hepatitis B it was as early as December 1972. As I mentioned, Sean was infected with hepatitis B in 1983. He needs to know how that will affect his final compensation. For instance, will the IBCA take into account that the screening test for hepatitis B in 1983 is estimated to have been only 43% effective? Will the IBCA recognise that victims were treated for hepatitis C with the retroviral drug Interferon, which has well known serious side effects on patients’ mental health? Will that be reflected in their compensation?

Will the Minister confirm that Sir Brian Langstaff’s recent guidance, contained in his letter dated 13 November 2024, regarding the siblings of victims who deserve compensation, will be accepted by the IBCA and reflected in any compensation scheme that it designs? Will, as Sir Brian has recommended, any family member whose relationship was “so close” to the victim that damage to their own mental or physical health caused by witnessing their sibling’s suffering was “reasonably” foreseeable receive full compensation, if they were so damaged? It has been reported that the IBCA will only compensate siblings of victims if they lived with the victim in the family unit for a full two years. Will the Minister ensure that that arbitrary restriction is not contained in any IBCA compensation scheme?

Will the Minister confirm that the family of any victim who dies before his or her application to the IBCA has been completed will receive full compensation? There are indications that the IBCA interpreted the inquiry’s final report as saying the contrary—that it intends to pay only those who live long enough to receive a final reward. That cannot, in any way, shape or form, be correct. It is not fair and it is not just.

Will the Minister ensure that those who, as children, were purposefully infected with contaminated blood in the name of medical research are awarded enhanced punitive levels of compensation, to reflect the country’s abhorrence at such horrific criminal behaviour, carried out by medical professionals who had sworn to dedicate themselves to healing the sick? That is one thing I just cannot understand. The whole tragic scandal is an absolute disgrace, but it is really abhorrent that this great country of ours experimented on little children. Those children, many of whom have not survived, deserve the compensation. How much they should be awarded is obviously to be determined, as has been stated, but bearing in mind the abhorrent nature of what we have done as a nation, I ask the Minister to ensure it is enough.

The infected and contaminated blood scandal is just one of far too many injustices in the UK in recent decades, in which powerful people have treated institutional reputations, career prospects and, in a number of cases, profits as being more important than working-class lives. Hillsborough, Orgreave, the postal service Horizon scandal and Grenfell all share this shameful characteristic: each one sent out a message that ordinary working-class lives do not matter. The Minister can take this opportunity to show that this Labour Government think that the lives of ordinary people matter by ensuring that the victims of contaminated blood products receive just and meaningful compensation without any further unconscionable delay.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Liz Jarvis (Eastleigh) (LD)]

I am grateful for the opportunity to speak in this incredibly important debate. I begin by paying tribute to all those who had their life destroyed by the infected blood scandal, and everyone who has campaigned for justice. They include my constituent Gary Webster. For those who are not familiar with his story, Gary was born with haemophilia, and at the age of nine he was sent to Treloar’s college, a specialist boarding school in Hampshire. His parents hoped that the school’s on-site medical facilities would enable Gary to lead as normal and happy a childhood as possible. All the boys at the school and their parents trusted the doctors who saw them implicitly, but in fact, the boys were being given contaminated factor VIII blood products imported from the US. Gary was in his final year at school when he was told that he had been infected with HIV/AIDS and hepatitis, and that there was no guarantee that he would be alive in six to 12 months. Of the 122 haemophiliac boys who attended Treloar’s between 1973 and 1986, 80 have since died.

The infected blood inquiry report by Sir Brian Langstaff found that

“deaths, illness and suffering were caused needlessly to people with bleeding disorders by…Treating children at Treloar’s with multiple, riskier, commercial concentrates, prophylactically and as objects for research”

and

“Treating children unnecessarily with concentrates (especially commercial ones) rather than choosing safer treatments.”

One can only imagine the pain of the survivors and all the families, and it beggars belief that it has taken so long for them to get justice.

The thousands of victims of the infected blood scandal and their families from across the UK have been waiting far too long for justice, accountability and compensation. The Liberal Democrats welcome the introduction of the infected blood compensation scheme. We are glad that it will bring the victims of this gross miscarriage of justice, including those who were infected and those who have been affected, closer to the justice that they deserve. It is crucial that this compensation scheme is implemented as quickly and effectively as possible. We are also backing calls by the survivors for a duty of candour on all public officials.

The infected blood scandal campaign organisation Factor 8 has highlighted that the guidance on the Infected Blood Compensation Authority website states:

“Should an eligible affected person die during the application process to the Scheme, their compensation award will not be paid. This is in line with the Inquiry’s recommendation.”

However, Factor 8 has examined the inquiry’s second interim report, and in the summary of conclusions, on page 14, at conclusion t), Sir Brian Langstaff says:

“Where an affected person who has not made a claim dies, the sums that they might have received if they had claimed should not become part of their estate.”

The key wording is

“who has not made a claim”.

Will the Government update their policy and ensure that all affected persons who make an eligible claim have their claim honoured? That is important for those affected who are elderly or ill, and are concerned that they may not live to see the end result of the claim process. I hope the Minister will look at that as a matter of urgency.

The infected blood scandal has highlighted the importance of robust blood safety measures and tools. Will the Government look into the merits of pathogen inactivation technology to ensure that no one else unnecessarily suffers from infected blood, and that we have a safe, reliable supply of blood products?

I spoke with Gary Webster on Friday, and as he put it,

“the whole process needs speeding up”.

After so many years of secrecy, deceit and delay, the Government must ensure full transparency about the progress of the scheme, and open, ongoing communication with all those affected. As for the families who have been impacted by this appalling scandal, please give them a national memorial, and reassurance that measures will be put in place to ensure that nothing like this can ever happen again.

[Madam Deputy Speaker (Caroline Nokes)]

I call Michael Payne to make his maiden speech.

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[Amanda Martin (Portsmouth North) (Lab)]

We must always remember that at the heart of any public scandal, there are people. So many of my hon. Friends this afternoon have told tragic stories, but also stories of courage and humility. Alongside other brave, courageous victims and their families, Becca, Jess and their siblings have campaigned for justice for people infected and affected, in loving memory of their father, Joe. Like me, they welcome the decisiveness and commitment from this Government. With families like them in mind, I would like to ask the Minister to outline when he expects the second set of regulations to be laid before Parliament, how victims and their families can continue to be involved and informed of progress, and how claims can be made.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.