Access to Redress Schemes

Christopher Chope Excerpts

Thursday 18th April 2024 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow the hon. Member for Tiverton and Honiton (Richard Foord), and I am grateful to him for introducing this important subject. I am sorry that it has not attracted more attention from hon. Members on both sides of the House.

How often have we said, “There is nothing new under sun”? I will start my remarks by referring to August 1975. Tanya Price had a whooping cough vaccine at the age of six months. Shortly after, she developed convulsions, and 18 months later, she was described as a “motionless and expressionless being” in a debate in this House by her MP, the late Robert Adley, who was my predecessor but one as MP for Christchurch, although at that time the constituency was Christchurch and Lymington. Robert Adley worked tirelessly for months to try to obtain redress from the health service for Tanya’s injuries, which were caused by the whooping cough vaccine.

That was 48 years ago, under a Labour Government, but little has changed in the Government’s institutional reluctance to admit to medical failures and institute redress schemes. Robert Adley described fighting Tanya’s battle as fighting the NHS, which he described as being like

“sparring with a giant octopus.”

That was all those years ago, but I do not see that the situation has changed. In his Adjournment debate in the House of Commons on 22 March 1977, Robert Adley said:

“This fight has been going on for a long time. Certainly in the last four years a group of parents have sought to get what they see as justice for their children but they have had precious little satisfaction. The battle is in many ways a repetition of the thalidomide debate…The result is decaying confidence in all the immunisation programmes. It represents a flirtation with tragedy, particularly when most of the other vaccines appear to be safe, harmless and have little or no disadvantageous side effects.”

He rightly severely criticised

“the position adopted by the Secretary of State in his refusal to consider compensation, and until…recently, his refusal…at least…to discuss the problem openly”.—[Official Report, 22 March 1977; Vol. 928, c. 1244.]

It would be wonderful to say that things have moved on. One of the consequences of the thalidomide scandal was the setting up of the royal commission headed by Lord Pearson, which took some five years to report, eventually doing so in 1978. It was set up following the Robens Committee on Safety and Health at Work, and in the light of concern about thalidomide. When the Pearson report was published, it was welcomed by the then Prime Minister as a comprehensive review. It was designed to remove unnecessary litigation, time delays and all the rest when getting redress for people who had suffered medical injuries induced by vaccines or other drugs. Paragraph 1,398—it was a long report—recommended the following:

“We concluded that there is a special case for paying compensation for vaccine damage where vaccination is recommended by a public authority and is undertaken to protect the community. We had reached this conclusion when we were asked by the Government for our views.”

The Pearson Committee also recommended strict liability for vaccine damage.

Sadly, those recommendations were not implemented, although we did get the vaccine damage payments legislation of 1979. I have been campaigning to get that legislation brought up to date, so that it is relevant to the circumstances of all those who have suffered loss and damage as a result of doing the right thing and taking their covid-19 vaccine. It has been an uphill struggle. The most recent information I have is that there are so many applications under the vaccine damage payment scheme that the Government cannot cope. In three years, only 163 out of more than 9,000 claims have been successful—those were the figures as at 31 January. Of those claims, 4,000 were still awaiting a resolution; 2,000 have been outstanding for more than six months, and some for more than 18 months. That is directly damaging to all those people who are thinking of engaging in civil claims, which the Government keep advising victims to do.

Making a civil claim against a large multinational pharmaceutical company—or the Government, for that matter—is an expensive business. I have a constituent whose father has the £120,000 compensation, but for whom that is wholly inadequate because of the severity and longevity of the injuries and disabilities that he sustained as a result of the vaccine. He is finding it nigh on impossible to get access to justice, because solicitors will not take up his calls. Even starting an action will cost tens of thousands of pounds. That is an intolerable situation, and one which, all those years ago, Lord Pearson was trying to avoid.

The Government’s feeble response is, “If you think you’ve been injured by a vaccine, go and seek compensation through the courts.” It does not work quite like that, as sadly has been seen by all those people whose cases it has already been established were caused by vaccines. One would think that if the vaccine damage payment scheme has established that an individual’s damage was caused by the vaccine, as night follows day, the Government would concede liability in a civil action. Far from it; they insist that individuals must fight the case before the courts.

[Mr Kevan Jones]

It is about power, is it not? As the hon. Gentleman rightly says, the individual does not have the financial means or expertise to take forward those cases against either a corporation or a Government. In the Post Office scandal, the Post Office spent £100 million of our public money defending a case that they knew they would not win, because they were trying to stop the truth coming out and to bankrupt and stop the individuals from concluding the case.

[Sir Christopher Chope]

That is right. These are deep-seated institutional failures. This is not a party political issue, but one that affects everyone in this country. This House is unable to persuade Governments and the officials serving them to get real about what many people are suffering as a result of the delays. It seems as though the Government’s policy, perhaps led by the Treasury, is always to postpone the inevitable. The hon. Member for Tiverton and Honiton referred to the contaminated blood scandal. I find it unacceptable that those people whose cases have been established as deserving proper compensation are still waiting. There are similar cases in the Post Office scandal, as the right hon. Member for North Durham (Mr Jones) said, and in the sodium valproate case, which has given rise to huge reports, which I hope briefly to come to later.

Going back to the issue with which I am primarily concerned, because I chair the all-party parliamentary group on covid-19 vaccine damage, there are now getting on for 10,000 claims under the scheme. Almost half are yet to be dealt with, so people are waiting for their claims to be resolved. Under the system that operates, if their claim is rejected by the independent panel, they have the right to have their case reviewed. That process itself generates further delays, sometimes in excess of a year. Meanwhile, there is a three-year limitation on being able to bring civil actions from the time the cause of the civil action arose.

I raised this issue with the Prime Minister in a private meeting and at Prime Minister’s questions a few weeks ago. I am pleased to say that, following that, I have a meeting set up with the Secretary of State for Health and Social Care next week. But I will not hold my breath, because I just do not see any willingness on the part of officialdom, even if there was willingness on the part of Ministers, to address these outrageous injustices. It goes to the heart of trust in public service and in Government if people cannot trust the Government to do the right thing. If they take the vaccine and it turns out to have been very bad for their health, the deal should be—it always used to be—that the Government look after them and see them right, but that is not what is happening. Instead, those people are being put through the ringer, and enormous amounts of bureaucracy and time are being wasted, and to very little effect—except that the Treasury can probably say, “Well, we can’t actually guarantee that we will have to spend this amount of money now.”

Years ago, when I was a shadow Treasury Minister, I looked at the issues arising from the Equitable Life scandal. That was a failure by the Treasury’s own team of regulators to protect investors in pension schemes under Equitable Life. At one stage they were thought to be as good as investing in the Consolidated Fund. You may remember, Mr Deputy Speaker, that everybody was joining in having Equitable Life pensions. Well, the regulator was asleep on the job. The ombudsman found that that was the situation and ordered compensation. The Government refused compensation and said that they would make ex-gratia payments. As is the case today, we know that much of the money that was eventually set aside has not yet been delivered to the victims of the Equitable Life scandal, and that the Treasury is refusing to distribute the money, saying “Well, that is basically a win for the Treasury.” Is it surprising that confidence in our institutions and in government—with a small “g”—is rapidly diminishing?

Today’s debate is of fundamental importance. I hope that the Cabinet Minister, when he responds, will come up with some specific proposals on what will be done in relation to all the individual cases that will be referred to in this debate, as well as dealing with the deep-seated institutional problems to which I have referred. The Minister without Portfolio, my right hon. Friend the Member for Tatton (Esther McVey), with whom I have previously raised this matter in Cabinet Office questions, and who at one stage I thought would respond to this debate, is charged with ensuring that we address the issue of the time bar on covid-19 vaccine damage claims. I would be very grateful to my hon. Friend the Minister if, when he responds to the debate, he can give us some positive news on that point, even if not on many others.

The covid vaccine damage payment scheme is not a strict liability scheme, and it is not even a compensation scheme, but it is better than nothing. Why is it, however, that the £120,000 maximum payment under the scheme has not been updated since 2007? It would now be about £200,000 if updated. Why are we updating everything else in line with inflation, but not the vaccine damage payment scheme for people for whom taking a vaccine was disastrous? Again, we cannot get any answers out of the Treasury or the Government. Sometimes there are expressions of sympathy, but they are not much use. What we want is action. What justification can there be for eroding the value of vaccine damage payments to the extent that I have referred to?

The Cumberlege report, “Independent Medicines and Medical Devices Safety Review”, was set up in 2018 in response to concerns about the Primodos hormone pregnancy test, the use of sodium valproate in pregnancy and vaginal mesh. The review, which was led by Baroness Cumberlege, published its report in July 2020. It made a number of serious and compelling recommendations, including the establishment of an independent redress agency. If the hon. Member for Tiverton and Honiton, who introduced the debate, thinks that the Government are going to respond positively to the suggestions he put forward, I just ask him to look at the record. That was an ex-Conservative Health Minister making a clear recommendation, on page 11, to set up an independent redress agency:

“A new independent Redress Agency for those harmed by medicines and medical devices should be created based on models operating effectively in other countries. The Redress Agency will administer decisions using a non-adversarial process with determinations based on avoidable harm looking at systemic failings, rather than blaming individuals.”

How long did it take for the Government to respond to that report? They published their response not in 2020 but in July 2021, exactly one year later, which fits the pattern we are discussing. It took them a year to respond to the report and they cursorily rejected its recommendation for a new redress agency, stating:

“We do not accept this recommendation. We do not believe that a redress agency would make products safer and support our commitment to patient safety. We also believe it is already possible for government and others to provide redress where this is considered necessary, the government therefore has no plans to establish an independent redress agency.”

It took the Government a year to prepare that wording and explanation. All one can do, really, is despair. There is an opportunity today for the Minister to say, “Well, that was all under a previous Government. Now we have a new Government and they will accept all the recommendations of the Cumberlege report.”

The Cumberlege report also recommended that discretionary schemes should be established for sodium valproate, hormone pregnancy tests and pelvic mesh. That would

“provide discretionary payments for the costs of additional needs”

caused by the harms associated with those products. The Government response also rejected that recommendation, noting:

“Patients have the right to take healthcare providers to court for clinical negligence, or manufacturers to court for product liability.”

It further explains on page 23:

“While the government is sympathetic to the experiences of those patients who gave evidence to the report, our primary focus is on improving future medicines and medical devices safety. It is therefore crucial that we focus government funds on initiatives that directly improve future safety (including specialist mesh centres and support for families affected by medicines in pregnancy). For this reason, redress schemes will not be established in response to recommendation 4.”

That was the situation in relation to the hapless individuals who were at the wrong end of that particular NHS procedure. More recently, and before we have got as far as any inquiries into it, we have been faced with the prospect of having to deal with the scandal of all those young people who are living with the consequences of being given puberty blockers at the behest, if not the recommendation, of the NHS. When Sir Chris Whitty was asked about that on the radio earlier this week, he seemed totally unapologetic, almost to the point of diffidence, although he was insistent that we should do something about people who were engaging in smoking tobacco or vapes. So another compensation issue will arise in relation to all those people who were persuaded by the NHS to do the wrong thing.

One recommendation that did come out of the Cumberlege review was for the establishment of—this sounded really great—a patient safety commissioner for England. When, in my capacity as chair of the all-party parliamentary group on covid-19 vaccine damage, I approached Dr Hughes and asked whether she would take up the case of the victims of covid-19 vaccines, she was very sympathetic, but said—and this comes back to the issue of the culture—that she had only the equivalent of one man and a dog in her department. She was being starved of the resources that would enable her to fulfil the remit that she had been given by the Government, which, again, was absolutely intolerable. She explained that she did not have time to deal with the vaccine damage issue because, perfectly reasonably, she was concentrating on sodium valproate and pelvic mesh. On 7 February this year she published her report setting out further recommendations for redress in relation to those matters, including a recommendation for the creation of an independent redress scheme to provide both financial and non-financial redress. The Government have not yet responded to that report; perhaps the Minister will respond to it today. In February, in response to a parliamentary question, the Health Minister responsible said:

“The Government is now carefully considering the… recommendations, and will respond substantively in due course.”

That is just not good enough, especially as the Government seem to be relying on some very feeble initiatives to which they have drawn attention.

There is now—this is exciting news, Madam Deputy Speaker—a new risk acknowledgment form to be completed by those for whom valproate is prescribed. There is also a “claims gateway” on the NHS Resolution website for those wishing to embark on clinical negligence claims. The Hughes report criticises these arrangements, and criticises the “claims gateway” description because there is no new legal framework to enable people to engage in litigation and no guarantee of help with legal aid. We hear that a child who challenged the decision by a north London comprehensive in relation to the wearing of religious symbols received legal aid money amounting to £150,000. How was that possible, when people who want redress because they have been done down by the national health service do not get anything at all?

In the foreword to her report, Dr Hughes says

“the case for redress had already been made by the First Do No Harm review so my report would primarily focus on ‘how’ to provide redress rather than ‘why’.”

I hope that, in his response today, the Minister will accept that the Government should now focus on how to provide redress rather than why redress is needed. In her foreword, Dr Hughes also says:

“All those we spoke to have approached this process with openness and goodwill despite the considerable challenges they face. As time progresses, these challenges intensify and, understandably, there is now a growing sense of frustration and anger among patients. Confidence in the government to do the right thing is eroding.

Over the years, while these patients have been suffering, I have seen other healthcare scandals in this country rightly receive recognition and redress, from thalidomide to vCJD and, most recently, the infected blood scandal. Fairness demands that those harmed by valproate and pelvic mesh receive the recognition and redress to meet their needs.”

If the Government agree with that, why do they not say so now? Why are they continuing to kick the can down the road and deny people access to the compensation that they rightfully deserve?

I have spoken for longer than I expected, Madam Deputy Speaker, but, as I have said, there is a long history to this. I hope it will not be another 48 years before another Member of Parliament for Christchurch stands up and says, “48 years ago, a former Member for Christchurch was arguing this very point in the House.” Let us learn from history. Let us not be complacent; let us get angry for action.