Infected Blood Inquiry and Compensation Framework

Chris Stephens Excerpts

Thursday 24th November 2022 Westminster Hall

[Dame Diana Johnson]

Absolutely. The hon. Gentleman is absolutely right in saying that.

I now turn to the three things I seek from the Minister in his remarks. First, I want him to pledge today that the Government will implement the infected blood inquiry recommendations in full. That would clearly demonstrate the Government’s commitment to deliver justice to the victims and their families. I also want him to confirm the date of the publication of the Government’s full response to Sir Robert’s study.

My second ask is for preparation. I want the Government —now—to prepare a full compensation framework. Please do not wait months to start this vital process and delay access to redress. Payments need to be made in a timely way and the process needs to be expeditious. We need a clear timetable of action from the Government. Specifically, how will infected and affected people be involved in the establishment and operation of the compensation framework, just as they have been at the heart of Sir Brian Langstaff’s inquiry? I want to echo the mantra: nothing about us without us. Can the Minister also confirm that work has already started on the setting up of the compensation framework in anticipation of Sir Brian’s final recommendations? What resources have the Government allocated to the setting-up costs and the operation of the compensation framework? When will the process of registering bereaved parents, carers, children and dependants, to ensure that they receive compensation, begin? How will the Government address the needs of people affected by the infected blood scandal who fall through the gaps of the restricted frameworks for financial assistance available today—particularly for those whose medical records were lost or destroyed?

[Chris Stephens (Glasgow South West) (SNP)]

The right hon. Lady is absolutely right about the medical records. There is also the case of individuals who were caring for people as well. They too must be compensated, because they went through years caring for people—perhaps a family member.

[Dame Diana Johnson]

I absolutely agree with the hon. Gentleman.

Do the Government have plans and a timetable for introducing legislation to prevent compensation payments being reduced via taxation? Currently, His Majesty’s Revenue and Customs is merely asked to exercise its discretion. That must be looked at. I will also write to the Minister regarding a few other specific issues that have been raised with me, which I think will need further consideration by the Government.

My third ask is around payments. I would like the Minister to commit to paying fair compensation to all. So far, interim payments have been restricted to people infected and bereaved partners. While those payments are of course welcome, bereaved parents, children, and, as the hon. Member for Glasgow South West has just said, carers, have not received any financial support for their loss. Those people must be included in the compensation framework, as Sir Robert set out clearly in his findings.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

It is a pleasure to see you in the Chair and to serve under your chairpersonship, Dame Angela.

As others have, I pay tribute to the chair of the all-party parliamentary group on haemophilia and contaminated blood. It is a privilege to be the vice-chair, but the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) has led the group superbly, as has the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley). The Minister should be under no illusion: they have been relentless, and there are Members of this House who will join them in relentlessly campaigning on behalf of the victims of this scandal until justice is delivered. This tragedy continues to devastate lives, and we will continue to work cross-party to press the UK Government to pay fair and timely compensation to the bereaved families of the victims.

As others have said, it was campaigning, political pressure, legal pressure and media pressure that secured the infected blood inquiry in the first place. It was not handed to us; it had to be campaigned for relentlessly—I will continue to use that word—before the inquiry was given. The evidence from it is completely and utterly shocking. Andy Burnham, the former Health Secretary, called the scandal “a colossal failure”, saying in his evidence that there

“may even be a case for asking the Crown Prosecution Service (CPS) to consider charges of corporate manslaughter”,

and before then, in his last speech in Parliament—the hon. Member for Wansbeck (Ian Lavery) referred to this—Andy Burnham called the scandal a

“criminal cover-up on an industrial scale.”—[Official Report, 25 April 2017; Vol. 624, c. 1072.]

I was there; it was a Backbench Business debate called by the APPG on haemophilia and contaminated blood.

I pay tribute to all those affected by the infected blood scandal, and all the campaigners who have done a tremendous amount over the years to bring the issue forward. Two constituents came to my surgery on Saturday: Cathy Young, who lost her husband Davie, and Cathy’s daughter, Nicola Stewart. Nicola has asked me to read the following words, which sum up the situation when she was growing up:

“So growing up with a dad with haemophilia who contracted through no fault of his own was a massive secret. My sister and I were not made aware of dad’s infection as dad and mum didn’t want anyone knowing. I now know this was down to the stigma of the infection. I just knew something wasn’t right with dad’s blood so his toothbrushes and razors were all kept away.

Then I hit my teens and things became a lot clearer as dad was going through treatments. After two rounds of attempts to clear it, it failed. My dad didn’t fail; he gave it his all. He was so ill through it and mentally struggled through his treatments. After the second time it failed, this is when I believe we lost dad. He was never the same man again. He went into total self- destruct. It was so painful, as we just couldn’t help him. He didn’t want the help. It isn’t until now that I understand why he hit the self-destruct button. It was horrendous. At a time when I was going through my exams, it was terribly hard to concentrate on my future at school when so much was going on at home.

Mum and dad’s relationship fell apart. Dad moved out and Mum tried her best to continue to pay the mortgage. I was working part-time at this point as I was still at school. I worked as much as I could and gave Mum every penny I earned to help pay the mortgage, as did my older sister. It was a lot for only being 17. We couldn’t keep up, so we lost our home.

Dad died when I was only 23. Far too early to be losing a parent. He has been gone 13 years now and I still cannot speak about him or what happened without crying—as you witnessed yourself on Saturday. I always explain it like I’m stuck in the grief process...I can’t get past the acceptance stage as he died through no fault of his own and no one has been held accountable for it. It is a cruel form of grieving when the answers are out there but no one has been interested in looking or even listening.

My dad has missed out on so much. Myself and my sister both walked down the aisle without my dad by our side. I have two children who never met their grandad but know of him as the grandad that lives in heaven. My dad didn’t see me graduate when I finally went back to education in my 30s. All the big things that your dad is supposed to be there for. He didn’t get to do it through no fault of his own.”

That is one family’s situation, and the daughter of a victim explaining what they went through. That is why we will continue to be relentless until justice is delivered. I pay tribute to Nicola for sharing those words with me. It takes a lot for a constituent to write to a Member of Parliament. I know we are not all scary—I certainly do not believe that I am scary—but people are sometimes scared to write such words.

We urge the Government to allow all those affected by contaminated blood to register with the support schemes, and to ensure that payments are available to bereaved partners, parents, children and carers. I hope the Minister will confirm today that the issue of carers will be looked at and respected, because so many people have cared for years for people going through this.

The UK Government must publish a response to Sir Robert’s study immediately, and must ensure that the arm’s length body can begin accepting compensation claims as soon as any inquiry reports. I hope the Minister will confirm today that the Government intend to respond to the study; it is important that they do. It is frustrating; a response to the study was promised, but we are still waiting for it.

As the former Minister for the Cabinet Office and Paymaster General, the right hon. and learned Member for Northampton North (Michael Ellis), said in a written statement,

“This analysis cannot be completed hurriedly but officials across government are focussing on this so that the government can be ready to respond quickly to the Inquiry’s recommendations”.

As far as I am concerned, we have waited far too long, and I think many hon. Members agree. The other recommendation was that an arm’s length body should be set up to administer the compensation scheme. Will the Minister give us an update on that? Again, that is important.

I am conscious that I must leave time for other Front- Bench spokespeople, and for the Minister to answer the questions. However, I want to make it clear to my constituents, and to all Members of this House, that I will join the right hon. Member for Kingston upon Hull North and the Father of the House in relentlessly pursuing this issue until justice is delivered.

--- Later in debate ---

[Alex Burghart]

The hon. Gentleman will have heard me pay tribute to everyone who is going through and has been through this awful experience. However, I hope he will appreciate that it is very important to ensure that what the Government might say now does not cut across what Sir Brian intends to say in his final report. Everyone can have confidence that that will be the final word and that the Government will then have the opportunity to respond quickly, to get everyone affected the support that they deserve.

[Chris Stephens]

Can I gently suggest to the Minister that he needs to be careful here? There is is already a significant lack of trust in the Government among those impacted. Sir Robert’s study made a number of recommendations, but we have not heard the Government’s response to those recommendations, including on the setting up of an arm’s length body to administer the compensation scheme. Can he confirm that the Government accept that recommendation?

[Alex Burghart]

I hope that the hon. Gentleman will know that that is one of the things that Sir Brian is looking at and that we will respond to Sir Brian’s findings. We take the matter enormously seriously and we understand the real desire for maximum speed; I know that people have waited for a very long time to get what the hon. Member for Central Ayrshire called limited justice. However, the truth is that I very much hope and believe that we are in sight of that endpoint now.

[Chris Stephens]

I am trying to be polite, Dame Angela, but significant recommendations from Sir Robert’s study were put to the Government. Not all of them are about compensation moneys; some of them are about the administration of any scheme, so that the Government are ready. Can we have some sort of response from the Government about those aspects of that report, please, because that will build confidence and do away with the lack of trust out there?

[Alex Burghart]

The hon. Gentleman will have heard me say that we are working across Government to make sure we are in a position to respond very quickly to what happens with Sir Brian’s report in the middle of next year. I understand that there are questions of trust for historic reasons, but I hope that the fact that the Government have been able to respond quickly, promptly and to our own timescales on the delivery of the interim payments will do something to show that the Administration are absolutely committed to doing the right thing.