Infected Blood Inquiry

Diana Johnson Excerpts

Thursday 29th March 2018 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office to reconsider the decision to deny funding for legal assistance and advice to those affected by the contaminated blood scandal during the consultation on the terms of reference for the infected blood inquiry.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

The infected blood inquiry is a priority for this Government. The infected blood tragedy of the ’70s and ’80s should never have happened, and the victims, who have endured so much pain and hardship, deserve answers. The Government will ensure that the inquiry has the resources it needs to complete its work as quickly as a thorough examination of the facts allows. We are committed to making sure that all those who have suffered so terribly can have the answers they have spent decades waiting for and that lessons can be learned so that a tragedy of this scale can never happen again.

We want to make sure that all those who need to contribute to the inquiry can do so. The Inquiries Act 2005 allows for the chair to make awards for legal representation for the inquiry itself once it is formally established—in other words, after the terms of reference have been set. We know that the inquiry chair intends to make early provision for core participant designation and legal expenses awards after the inquiry is formally set up. So the Government are not denying funds for legal representation at the inquiry. These funds will be available as soon as possible after the inquiry is up and running.

In addition, I can confirm that Ministers have decided that reasonable expenses properly incurred in respect of legal representation for the purpose of responding to the consultation by the infected blood inquiry on the terms of reference prior to the setting-up date will be awarded. Any claims will be handled by the solicitor to the inquiry, and it will be for the solicitor to determine these expenses. I hope that that is good news to the House.

I know that the chair of the inquiry, Sir Brian Langstaff, is keen to ensure that all those affected by this tragedy have a chance to make their voices heard. I know that last night he held a meeting with interested groups and that he is continuing to engage with those who are affected and the bereaved families. Sir Brian wants to ensure that the consultation process is as user-friendly and inclusive as possible, and such that legal advice is not a necessity for being able to respond to the consultation on the terms of reference. He wants to ensure that everyone has the chance to share their views, which will inform the terms of reference.

We believe that this is an exceptional circumstance. Thousands of people have been fighting for years to get answers to why this terrible tragedy happened, and they want to be part of ensuring that such a tragedy can never happen again. I know that the whole House welcomes the fact that the Government have established this judge-led public inquiry to provide the answers that victims and families have had to wait for. I and others here today, I am sure, will continue to play our parts passionately for our constituents.

--- Later in debate ---

[Diana Johnson]

I thank the Minister for her response. I just wish that the decision had been made earlier. As she outlined, this is a group of people who have battled for many, many years for a public inquiry, and we now want to make sure that the terms of reference are so drafted as to incorporate all the concerns of those affected. As she will know, many of those implicated in the inquiry will have access now to legal advice and expertise in their submissions on what the terms of reference should be.

I must add that the letter of 23 March, drafted by the Minister’s civil servants, which tried to draw a contrast with the families affected by Grenfell—who have been granted exceptional funding for legal assistance—saying that those families were more deserving than this group of people, has caused enormous hurt in the community. Of course we want to make sure that the Grenfell families find out what happened, and 71 lives were lost in that case, but in this case, 2,400 people have already died, and since the announcement of the public inquiry last year, another 70 have died. Many are living with HIV and hepatitis C, and many are co-infected, so they are in poor health. I am really pleased, therefore, that the Minister and the Government have accepted the argument that, while the organisations are well funded to put their cases, individuals should also have access to legal advice and guidance.

I want to say finally that I have met with Mr Justice Langstaff, and I believe that he will do his best to get justice for this group of people. He met with some of the campaigning groups last night, and I know that those meetings went well, but I hope that the Minister will pay particular attention, between now and when the inquiry is set up and Mr Justice Langstaff takes over, to making sure that no more decisions are made that put these individuals, who have been so damaged by the state, in a position where they feel hurt and lack confidence in what I think the Government are trying to do, which is to have a public inquiry that instils the confidence and good will of everybody.

[Chloe Smith]

As I have said from the Dispatch Box before, I pay tribute to the hon. Lady for her work, her campaigning and her compassionate tenacity on this issue. I have worked with her over the years, as have many other Members, and I am pleased that she welcomes the news that I have been able to bring to the House this morning. I reiterate that Ministers share her concerns and are keen to be able to get on with the inquiry as quickly as possible. It will be ably led by Sir Brian Langstaff, so that the constituents whom we all serve can get the answers that they deserve.

In response to her questions, it may be useful for the House if I say that, under the Inquiries Act 2005, it is for Ministers to make decisions, on an exceptional basis, on whether funds might be made available during this preliminary stage. That is what we have done today, because we believe that the circumstances are exceptional.