Infected Blood Inquiry

Christian Matheson Excerpts

Monday 2nd July 2018 Commons Chamber

[Christian Matheson (City of Chester) (Lab)]

I thank the Minister for his statement and for giving me advance sight of it.

Today’s statement is a sign of progress, but it is also an indicator of how delayed this whole process has been. It is a year since the inquiry was announced and six months since responsibility was, rightly, transferred to the Cabinet Office, yet we are only now getting details of its sittings and terms of reference. The unpleasant and inconvenient truth is that the longer the delays and the longer the grass into which this matter has been kicked, the fewer victims will be around to see justice done—the Minister referred to the testimony of one survivor in his statement. Taken together with other inquiries such as that on Grenfell Tower, where the Government had to chop and change the format numerous times in response to public dissatisfaction, we are given the overall impression that when it comes to public inquiries on public safety or government malfeasance, this Government have wanted to give away as little as possible, as late as possible.

Nevertheless, today we have seen progress. We welcome the statement, the new terms of reference and the start of the inquiry. It will look at issues ranging from what happened at the outset to the response of the Government, the treatment of victims and their families, the question of whether evidence was deliberately destroyed and a possible cover-up mounted, and whether individuals or institutions are to be held responsible. Those terms of reference have been welcomed by those affected, their families and the campaigners supporting them. May I also welcome the Minister’s recognition in his statement that speed is of the essence, given the previous delays?

We also welcome the fact that the inquiry is to be UK-wide, which will overcome the anomaly of previous inquiries or compensation schemes that were dependent on the jurisdiction in which the original contamination took place. We hope that the inquiry can now crack on with its work. Will the Minister confirm that it will be given the finance it needs to follow the evidence and complete its work so that it is unhindered and unrestrained by a lack of resources?

The responsibility in government for sponsoring this inquiry was transferred to the Cabinet Office because the Department of Health was at best conflicted and at worst possibly implicated, albeit perhaps historically. Will the Minister confirm that a clear instruction has gone out—or will go out—from Downing Street that full co-operation is expected from Ministers and officials at the Department of Health and Social Care? Have any mechanisms been put in place to support the inquiry by monitoring the Department’s co-operation in this matter?

We welcome the fact that Sir Brian Langstaff will have expert working groups to advise him. Some campaigners feel that the Penrose inquiry in Scotland suffered from having Lord Penrose sitting on his own, and we note that Sir Brian will make a recommendation to the Minister on additional panel members after consulting the core participants. There had previously been a doubt about the provision of legal aid to the victims and their families for the earlier consultation, so will the Minister confirm that support will be available for those participating in the inquiry itself—both financial support and, where necessary, counselling?

Will the Minister confirm that any claims to commercial confidentiality made by the firms involved or their modern-day successors will not take precedence over the need for the inquiry to get to the truth on behalf of victims? This inquiry now passes into the independent control of Sir Brian. However, will the Minister indicate whether there will be a mechanism for interim reports to be given to this House, and so to those affected and their families?

Finally, will the Minister join me in paying tribute to the courage, resilience and determination of the surviving affected people and their families who have stayed in this fight for so long? Will he also join me in paying tribute to hon. Members on both sides of the House in the all-party group on haemophilia and contaminated blood, and especially to my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) for her leadership in keeping this matter in the minds of Ministers and the whole House?

[Mr Lidington]

First, I welcome the hon. Gentleman’s support for the inquiry and for the direction of travel that I have announced today. I am happy to join him in paying particular tribute to the courage and tenacity of the survivors and the organisations that work with them. I also pay tribute to the hon. Member for Kingston upon Hull North (Diana Johnson) and my hon. Friend the Member for Worthing West (Sir Peter Bottomley), who have worked together in a compelling demonstration of cross-party unity and determination to secure justice for the survivors.

On the time taken since the inquiry was announced, I emphasise to the House that the Government have tried consistently to move this inquiry ahead as quickly as possible. It was right that we reflected on the criticisms of the initial idea that the inquiry should sponsored by the Department of Health and Social Care, and that responsibility was therefore switched to the Cabinet Office. It was important to get a judge not only who had the right experience and expertise to take on the task, but who was willing to take it on and could free him or herself for up to two years, full time, to chair the inquiry. Finding the right judge with the willingness and ability to commit time is not always straightforward. Sir Brian has wasted no time: even ahead of his retirement from active duty on the bench in May, he took initial steps to understand the brief. Since his retirement, he has been active in ensuring that he talks directly to survivors’ groups and others. There is no doubt in my mind that he is absolutely committed not only to getting to the truth and securing justice, but to doing so in as speedy a way as possible, given the need to ensure the proper examination of evidence.

Let me turn to the hon. Gentleman’s particular questions. First, on finance, yes the Cabinet Office will provide Sir Brian and the inquiry team with all the resources that they need to do their job effectively.

Secondly, the Prime Minister has made it clear that the Department of Health and Social Care, the national health service and all branches of government should co-operate fully with Sir Brian and the inquiry. It is for the NHS in the devolved areas to take decisions in the light of the devolved Governments’ views, but I wish to make it clear that I have no reason to expect anything other than full co-operation. I know that the Governments in Scotland and Wales are determined to ensure that there is justice and openness and that, at the end of the day, the truth is delivered for survivors.

The hon. Gentleman asked whether measures will be taken to monitor the Department of Health and Social Care. I assure him that were there to be—I do not expect this—the slightest suggestion of a failure to co-operate, the necessary instructions would be given. The Prime Minister’s view on that has been absolutely clear.

The hon. Gentleman asked about legal aid, and I can confirm that we are making it available. We have said that people can claim for the costs of legal representation during the consultation. Under section 44 of the Inquiries Act 2005, I am allowed to determine the power of the chair to make awards for legal funding. Given the exceptional nature and gravity of the infected blood tragedy, I have decided that it is overwhelmingly in the public interest that the Government provide such funding for applicants. Those applicants will not be subject to means-testing.

The hon. Gentleman asked about the Penrose inquiry. One problem with that inquiry to which the Scottish campaign groups drew Sir Brian’s attention was that Penrose was assisted as chair by a single medical assessor. Sir Brian’s proposal is for there to be panels of experts representing different areas of expertise that need to be brought to bear in our search for the truth. He proposes that that is the best way, commensurate with the speed required, to ensure that the survivors get to the truth as rapidly as possible.