Vaccine Damage Payments Act 1979

Christopher Chope Excerpts

Friday 24th March 2023 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I welcome to the Front Bench the Minister who will respond to the debate, with whom I had a meeting earlier today. During the course of that meeting, she kindly agreed to come to an early meeting of the all-party parliamentary group on covid-19 vaccine damage, which I have the privilege of chairing. At that meeting we will have representatives of victims of vaccine damage. However, as I emphasised to my hon. Friend, we will not have people there who are actively engaged in litigation, because that would be inappropriate.

This debate is about the application of the Vaccine Damage Payments Act 1979 to those who have been bereaved or suffered adverse reactions to covid-19 vaccines. The Act was extended to apply to such vaccines before they were rolled out, but it is now abundantly clear that the Act is totally inadequate for addressing the needs of most of those who have been adversely affected.

On Wednesday this week, the Prime Minister told my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright):

“We are taking steps to reform vaccine damage payment schemes, by modernising the operations and providing more timely outcomes”.—[Official Report, 22 March 2023; Vol. 730, c. 330.]

The Prime Minister did not answer or even refer to my right hon. and learned Friend’s requests that the Government should change the £120,000 maximum payment for those seriously injured and end the denial of any payment to those disabled by less than 60%. That was despite the Prime Minister having received notice of my right hon. and learned Friend’s question, and the fact that both he and I had raised the same points with the Secretary of State for Health and Social Care weeks ago.

[Andrew Bridgen (North West Leicestershire) (Ind)]

I commend my hon. Friend for his work on this issue. Has he had time to consider the paper produced this week by the Western Norway University of Applied Sciences, which found a strongly significant correlation between covid-19 vaccine uptake in 2021 and excess deaths in the first nine months of 2022 across the European Union and the European economic area? In fact, the correlation was so strong that it could be stated that for every 1% increase in vaccination rates in 2021, there was a 0.1% increase in mortality in 2022.

[Sir Christopher Chope]

I did notice that document, because it was drawn to my attention by my hon. Friend. May I suggest to him that he tries to engage the good offices of our right hon. Friend the Member for Tunbridge Wells (Greg Clark), who is the Chair of the Science and Technology Committee? I am delighted to see him in his place this afternoon, because I know that this issue is close to his heart as well.

The Minister confirmed to me earlier that the Government’s answer to both those questions that my right hon. and learned Friend the Member for Kenilworth and Southam put to the Prime Minister is no. It is rather sad that that is so, and it is regrettable that the Prime Minister did not put that on the record himself.

This month, we have already discussed in this House the scandal surrounding the supply of contaminated blood and the false imprisonment of postmasters as a result of the Horizon system. In both cases, after long resistance, the Government were eventually forced into accepting compensation schemes. If they are interested in tackling the developing scandal over covid-19 vaccine damage victims, they can and must act now.

I fear, however, that the Government have no will so to do, because they are still in denial about the whole issue. Why do I use that expression? I do so because at a meeting on 21 April last year, I asked the then vaccines Minister, my hon. Friend the Member for Erewash (Maggie Throup), whether she accepted that some people had died as a direct result of having received the covid-19 vaccination. She declined to answer the question at the meeting and said that she would write to me. She did not do so, so I then had to put down a parliamentary written question—UIN 2325. She ducked that question.

I will therefore ask the same question again to the Minister today, my hon. Friend the Member for Lewes (Maria Caulfield), bearing in mind that we now know that more than 50 coroners’ verdicts have confirmed that people have died as a direct result of covid-19 vaccines, and that her Department has been making awards under the 1979 Act to families who have been bereaved on the basis that their loved ones died as a direct result. Will the Government therefore unequivocally say today that they do accept that some people have died as a direct result of having received a covid-19 vaccination?

Was it not bizarre that all the Prime Minister could say on Wednesday, when told about Jamie Scott spending four weeks in a coma and remaining seriously disabled as a result of a covid vaccine, was:

“I am very sorry to hear about the case”?

Then, in an extraordinary non sequitur, the Prime Minister added:

“In the extremely rare case of a potential injury from a vaccine covered by the scheme, a one-off payment can be awarded.”—[Official Report, 22 March 2023; Vol. 730, c. 330.]

However, Jamie Scott’s injury is not a potential injury, but a real and substantial one. Nor was it caused by any old vaccine; it was caused by a new experimental covid vaccine.

Sadly, Jamie Scott’s case is not unique. I have received hundreds of distressing letters and emails from both victims and bereaved relatives, who are desperate for the Government and the NHS to listen. Several are from my own constituency. I will quote briefly from one letter, received on 18 March, from a 24-year-old, previously employed in a good job in financial services. He had a Pfizer vaccine booster in February 2022 and says:

“Within days of the dose, I started experiencing nasty symptoms that resembled those of an autoimmune disease. The symptoms include nausea, headaches, skin rashes and other immune issues. Despite numerous Doctors visits, blood tests, X-rays and medicinal prescriptions, Doctors have been unable to help ease symptoms at all. Symptoms have worsened with time and I have been unable to work over the past seven months or so. I have been unable to receive any disability benefits and have been left to use my entire life savings to fund my food and bills.”

An expert rheumatologist has now confirmed the link between my constituent’s symptoms and the Pfizer vaccine. My constituent asks me—and I, in turn, ask the Minister—will the Government admit that there are cases where these vaccines have caused reactions in people? Will they promise to provide further support and research funding for how these conditions can be managed and, hopefully, resolved?

My constituent is but one of so many who have suffered, and continue to suffer, because they did the right thing, on the advice of the Government, and received their jabs. The Express, the first mainstream newspaper to start giving the issue some publicity, began its crusade for justice for jab victims with four pages in one of its editions last week. On 15 March, its leading article, entitled “Injection of faith needed”, spoke for many when it said: “We must take care of the small number of people who suffered side effects as a result of their jabs. Innocent people who have suffered terribly must not be denied the damages they deserve. This is a matter of justice.”

The current situation is that over 4,000 claims have been made under the 1979 Act. Over the past five months, new claims have been running at the rate of 250 per month. Some 2,800 claims remain outstanding, and only a surprisingly and disturbingly small number have so far been successful. I shall now try to shame the Government into action by contrasting their head-in-the-sand approach to vaccine damage victims with what is happening in Germany.

On 12 March, Professor Dr Karl Lauterbach, Germany’s Federal Minister for Health, gave a disarmingly candid interview to the Germany TV news channel ZDF. The Minister is a scientist and physician of note, and had previously been professor of health economics and epidemiology at the University of Cologne and at Harvard. As the adviser to then Chancellor Angela Merkel at the beginning of the covid pandemic, he took a very hard line and publicly said on numerous occasions that the vaccines must be taken and that they were “without side effects”. He has now admitted in that interview that what he said about them being “without side effects” was a gross exaggeration. That is disarmingly frank, is it not?

He conceded that one in 10,000 of those vaccinated against covid-19 in Germany had experienced severe adverse effects. He described these “unfortunate cases” as heartbreaking, confirming that some of the severe disablements will be permanent. He added, “It’s really tragic”. The Minister said that Germany does not yet have drugs for treatment and that care entitlements are defined very narrowly, but he recognised the need to get faster at recognising vaccine injuries as the understanding of adverse events increases. He promised significant extra resources and said that he was in discussions with German Treasury Ministers to address issues around post-vaccine syndrome.

Sadly, our own Government do not even recognise post-vaccine syndrome. I have asked them whether they would report on what has been happening in University Hospital Marburg in Germany, where much work is being done on the diagnosis and treatment of post-vaccination syndrome. I suggested that it might be useful for them to have some discussions with the hospital. In answer to a parliamentary written question on 16 November—UIN 88798—I was told that there are

“no current plans to do so.”

I ask my hon. Friend the Minister to reconsider that position, because it is important that we should get into alignment with Germany, whose health system is much more successful than our own. Germany has moved from wanting to get everybody vaccinated, although that was all done “voluntarily”, to recognising now that it must do its best to look after those for whom the vaccine was bad news.

What has happened over the past two years in Germany is that more than 300,000 cases of vaccine side-effects have accumulated in the Ministry’s own system, and more and more people are lodging compensation claims against the state, which, based on the contracts that Germany signed with the EU manufacturers, is liable for any vaccine-related damage. Meanwhile, the subject of vaccine injuries has begun to be openly discussed in the German mainstream media. Let us hope that we will see a bit of that developing in our own country, because one of the frustrations of the victims of these vaccines is that there seems to be much reluctance in the mainstream media to engage on this issue.

Now we have a situation in which the German Federal Minister of Health is saying, “let’s see if we can get some help from the pharmaceutical companies to voluntarily help compensate those harmed by the vaccines.” He then goes on to say that that is because the profits have been “exorbitant”. Just a year ago, he had said that the pharmaceutical companies would not get rich on the vaccines, but it is one of the privileges of Ministers across the world to be able to eat their words when the facts change.

In my submission, the Government here need to completely change their approach and become much more realistic, accommodating and, dare one say it, compassionate towards those who did the right thing by the public interest and accepted the vaccines.

May I ask my hon. Friend a whole series of questions? It will not be possible for people to follow all of the questions I want to ask, because I do not have time to read out all of them. Are the Government aware of the 2017 case in the Court of Appeal where the Court said that, for VDPS purposes, loss of faculties had no real relationship to the kind of injuries set out in schedule 2 of the relevant statute relating to calculating the percentage of disablement? Schedule 2 calculates physical disability—for example, an amputation below the knee could be calculated at 60%. The Court decision was that that should not be some kind of straitjacket, but it seems that it is being used as a kind of straitjacket in the assessment of covid vaccine claims.

Will the Minister confirm that the Government are following the decision made by the Court of Appeal? Will she also reconsider the amount of the £120,000 payment? Its value has been eroded by inflation since 2007. Can she explain why there are still no plans to align the disablement threshold for the VDPS with that in the England infected blood support scheme, under which it is possible to get £100,000 without any evidence of disability? There does not seem to be any alignment between that scheme and the VDPS.

The Government said that within 56 days of receiving any prevention of future deaths report from a coroner, they would report back on it. The only such report made to the Government relating to this issue was delivered on 13 October. Will my hon. Friend explain why there has still not been a response? In the light of what is happening in Germany, will she agree to set up specialist clinics to look at post-vaccine situations? How many people are now working on vaccine claims, and does she see any prospect of the enormous backlog being reduced quickly?

There are lots of questions there, but they are only a small sample of those that I have. I look forward to members of the APPG raising further questions with the Minister when she comes to our meeting.

--- Later in debate ---

[Maria Caulfield]

I am happy to write to the MHRA to get a response for the hon. Gentleman on that point, but I hope he will be reassured that the Government are investing in research on vaccine safety both at the University of Liverpool and at the National Institute for Health and Care Research, because we want to reassure people about the safety of vaccines.

On the VDPS, I want to reassure those making claims that the Government want to support them through the process. I have not touched on it much in my response, but I am keen to reassure those who feel they have suffered and who are struggling to get healthcare for their symptoms that we are looking at this.

[Sir Christopher Chope]

As I understand it, the Minister’s time will be up at eight minutes past 3, so can she now explain whether the Government will accept that post-vaccine syndrome is clinically recognised? Will she divert resources specifically to that issue?

[Maria Caulfield]

I am not going to commit to that specific point on the Floor of the House, but I will commit to this: if people who feel that they have symptoms from the vaccine—that includes a range of symptoms—are struggling to get the healthcare they need, when I come to the APPG I will want to look at the sort of symptoms they are experiencing and help them to get the care and support that they are struggling to get at the moment. It is the same with long covid: there is such a range of symptoms. What we have found in setting up specific long covid clinics is that they have not always been able to cover the wide range of symptoms that people have had. I am very happy to discuss that further with my hon. Friend at the APPG.

[Sir Christopher Chope]

My hon. Friend refers to long covid clinics, but people who are suffering from the consequences of vaccine damage feel that they are being treated differentially and in an inferior way. If we have clinics for long covid, why do we not have clinics for post-vaccine syndrome?

[Maria Caulfield]

I thank my hon. Friend. The point I was trying to make is that we have set up long covid clinics, but they have not always addressed the needs of those who are suffering long covid, because they have such a wide variety of symptoms. What I can say to those who feel that they have experienced side effects from the vaccine is that I am very happy to meet them, hear about those symptoms and see what more we can do to support them in getting the care and services that they find they are struggling to access at the moment. I just want to reassure my hon. Friend that I have taken his points seriously—we do not have our head in the sand. I am very happy to meet the all-party parliamentary group and those who are concerned about their experience.

We will continue to prioritise improving the operations of the VDPS: six months is the average time taken, but ideally we want to make it quicker and more efficient for those who put in a claim. We are working alongside the BSA team, who are doing an amazing job to turn around so many claims as quickly as possible within the limits of getting notes and access to information from a variety of sources. That is often challenging, particularly when there are different computer systems and some paper notes are still in operation across healthcare settings. They have a very tough job, but they are trying to do it as speedily as possible by modernising and scaling up operations to improve the experience for those who are claiming, as well as helping those who want to make a claim.

Question put and agreed to.

Oral Answers to Questions

Christopher Chope Excerpts

Tuesday 7th March 2023 Commons Chamber

[Neil O’Brien]

We will be setting out further steps shortly, but there are 6.5% more dentists doing work for the NHS than in 2010 and we have started the reforms with more units of dental activity bands and a minimum UDA.

[Sir Christopher Chope (Christchurch) (Con)]

Does my right hon. Friend accept that about one third of the activity that takes place in GP surgeries could be transferred to pharmacies? What is he doing to promote that policy and deal with the British Medical Association’s reluctance to co-operate?

[Steve Barclay]

My hon. Friend is right to highlight the fact that a number of services that GPs currently offer could be performed by pharmacists, and we are looking at that in the context of the primary care recovery plan. This is also about looking at how we can relieve some of the workload pressure within primary care, and that is why we have recruited 25,000 additional staff to support GPs. It is also why we have over 2,000 more doctors in primary care.

Children's Mental Health Services: Lincolnshire

Christopher Chope Excerpts

Tuesday 7th February 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I thank my hon. Friend the Member for Grantham and Stamford (Gareth Davies) for securing this debate and for the way he continues to champion children’s mental health services. I recently discussed many of the issues with him and some of his constituents. The experience that they brought to me has helped to influence the work we are doing. I reassure my hon. Friend that there is a huge focus on improving children’s mental health services, both nationally in terms of funding and, as he indicated, in terms of staffing. In his local area, much of the work will be in the major conditions strategy, which includes mental health, and also in our suicide prevention strategy—[Interruption.]

[Sir Christopher Chope (in the Chair)]

Order. There is a Division in the House, so the sitting is suspended. If there is one vote, it will be for 15 minutes; if there are two votes, it will be for 25; and if there are three votes, as expected, it will be for 35 minutes. I look forward to seeing Members back here then.

--- Later in debate ---

On resuming—

[Sir Christopher Chope (in the Chair)]

The Minister will now resume her speech.

[Maria Caulfield]

Thank you, Sir Christopher, for allowing me to continue what I was setting out to my hon. Friend the Member for Grantham and Stamford, who has been campaigning so eloquently on the issue of children’s mental health, particularly from a constituency point of view. He is quite correct that we are investing record levels of funding into children’s mental health services. We are trying to recruit as many staff as possible to expand those services, which are being extended to support children’s mental health. I will touch on how that is happening, both at a local level in Lincolnshire and nationally across England.

Lincolnshire’s children and young people’s mental health services have always been rated as outstanding by the Care Quality Commission. Pre-pandemic, the average wait for child and adolescent mental health services assessments was 4.4 weeks, and the Healthy Minds Lincolnshire early-intervention service helped to reduce referrals to child and adolescent mental health services by 5%. Lincolnshire has always had an excellent track record in delivering services and supporting young people in particular with their mental health, compared with the figures nationally. I know that is not necessarily much consolation for those parents and children waiting for services, but Lincolnshire mental health services have traditionally been very good.

However, the pandemic has had an impact, as it has across the country. In Lincolnshire, referrals to CAMHS have increased by 15.7%; nationally, the increase was 35%. Although Lincolnshire has not had the same increase in the number of referrals as other parts of the country, it has still had a significant increase. Lincolnshire has had 15% more clinical contacts than the national average, and 92% of children who sought an emergency telephone response received one within four hours as a result. We can see, then, the scale of the pressures that services are facing. Lincolnshire has performed relatively well compared with most other parts of the country but is experiencing challenges. That was very much the point that my hon. Friend made: his constituents are now struggling with waiting times, the sheer scale of the number of referrals is putting pressure on the service, and although a lot of work is going on to improve things, his constituents are feeling the pressures on the service.

The loss of workers in this field is particularly high in my hon. Friend’s area, as it is in other parts of the country. I assure him that we are recruiting more staff, but it takes time to train them up and get them providing services at a local level. Lincolnshire does not have a children’s and young persons’ in-patient unit, and I have heard from his constituents about the impact of that and the difficulty of a child being placed out of area. We fully recognise that and want to work with his local team on it. His local integrated care board is standing up to the challenge—it has increased funding to CAMHS by £1.2 million in this financial year to help to reduce waiting times, which has had a positive impact—but the workforce is probably the single biggest issue in terms of trying to improve services further.

By September of last year, 67% of children and young people who were assessed for CAMHS were assessed within six weeks. If early-intervention and emotional services are included, 72.5% of young people who were assessed were assessed within four weeks, with the national average being 68%. The big concern for Lincolnshire is the length of time that children are waiting for support and the workforce capacity to change that, so I am committed to working with my hon. Friend’s ICB to see how we can address that concern.

My hon. Friend touched on the out-of-hours service. Such services are available throughout the country—there are 24/7 helplines available—but he is quite right that many people do not know how to access those services, and that applies in respect of emergency services as well. We hear from ambulance trusts throughout the country that very often ambulances have to attend to someone with a mental health crisis, and they are not always able to access a 24/7 service. It is not because it is not there but because sometimes it just not clear how it can be accessed. There is, then, a lot of work to do.

Let me reassure my hon. Friend about what we are doing from a national perspective; this will be replicated in Lincolnshire. We are on course to deliver 399 mental health support teams in schools and colleges, and we already have 287 of them in place. They are making a significant difference to children and teachers. They are able to support children who have mental health concerns, mental illnesses or conditions at an earlier stage and get young children into the system much more quickly, before they reach a crisis point, to get them the help and support they need. They also take the pressure off teachers, who until now have done a significant amount of the heavy lifting when it comes to children’s mental health.

We are providing £79 million to boost capacity in children’s mental health services and to help 22,500 more children and young people to access those services. Also, we are specifically expanding access to services that address eating disorders. The funding has increased significantly to try to match our level of ambition, with £53 million of support in 2021-22, which will rise to £54 million in the forthcoming financial year. All that work sits on top of record levels of investment in NHS mental health services in England and the unlocking of support for an extra 345,000 children and young people.

I recognise from the points that my hon. Friend made that where we are making a difference that is great, but for the children and parents who are waiting it is still very difficult. Although Lincolnshire is probably performing better than most parts of England, it is facing some significant pressures with workforce capacity and the lack of an in-patient facility, which also puts pressure on community services.

The Government hope to reform the Mental Health Act 1983 fairly soon. That will support mental health services and make them much more community and crisis team-led, rather than letting people get into crisis and their needing much more extensive services. We have recently announced our major conditions strategy, which includes mental health, and we will also publish our national suicide prevention strategy, in which we will focus on children and young people in particular, because we recognise that significant work needs to be done for them.

It is also about ensuring that we have the workforce capacity in place. The Chancellor and his team will specifically include mental health in the workforce strategy, which is being worked on. We know that when we expand community services to get people seen much more quickly and avoid crisis situations, we will absolutely need the workforce at a community level to meet the demand.

I hope I have been able to reassure my hon. Friend. The Government recognise that there are challenges, particularly with things such as out-of-hours support and rapid access into services. I thank my hon. Friend for the work he is doing by constantly raising the situations his constituents face, because it does make a difference. It means that we are able to assess whether we are making progress in supporting not only children and young people in particular but everyone who wants to improve their mental health or has a mental illness and is in need of support.

Our ambition is that children and young people, wherever they are from in England, whatever their background and whatever their mental health condition, will be able to get the support that they need in a timely manner. I know that my hon. Friend will be holding our feet to the fire to make sure that that happens, particularly in Lincolnshire.

Question put and agreed to.

[Sir Christopher Chope (in the Chair)]

Because the Minister responding to the next debate is not present, I have to suspend the sitting until 5.7 pm. We will then have one hour in which to debate the next motion.