Infected Blood Inquiry and Compensation Framework

Diana Johnson Excerpts

Thursday 24th November 2022 Westminster Hall

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

I beg to move,

That this House has considered the infected blood inquiry and compensation framework.

It is a great pleasure to serve under you this afternoon, Dame Angela.

I thank the 30 MPs from across all political parties who have supported the call for this important debate, including the co-chair of the all-party parliamentary group on haemophilia and contaminated blood, and the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley). It is good to see so many Members here in Westminster Hall this afternoon.

I am very grateful to the Backbench Business Committee for granting this debate on the infected blood inquiry and the report by Sir Robert Francis on the framework for compensation and redress for victims of infected blood. I welcome the Parliamentary Secretary, Cabinet Office, the hon. Member for Brentwood and Ongar (Alex Burghart), and the shadow Minister, my hon. Friend the Member for Vauxhall (Florence Eshalomi), this afternoon.

It is very disappointing that the Government did not find time for an oral statement in the House earlier this year when they published the report by Sir Robert Francis. I just say to the Minister that it would have been much better to have had a full debate on this matter in Government time rather than MPs having to use the Backbench Business Committee route. One thing that I have learned about campaigning in Parliament on this issue is that we have to fight for every small step forward and the Government usually have to be dragged to Parliament to explain themselves. In recent years, I think we have had more urgent questions on this topic than on almost any other.

Twelve years ago, a man named Glenn Wilkinson walked into my MP’s surgery in Hull. What Glenn told me that day would prompt me to join a campaign, which was already decades old, to expose the largest treatment disaster in the history of the NHS and to fight for justice for those infected and affected by the contaminated blood scandal.

It is very important to remember that this issue is about individuals and the effect this disaster has had on their lives and the lives of their families. During routine dental work, which was conducted in hospital because he was a haemophiliac, Glenn was infected with hepatitis C, which is a virus that can cause serious and life-threatening damage to the liver. The health service that was supposed to keep Glenn healthy and safe had given him a life-threatening disease.

Glenn was not alone in that respect. We now know that as a result of being given infected blood and blood products by the NHS during the 1970s and 1980s, over 3,000 people have already died. Even today, on average one person still dies every four days and thousands more people live with bloodborne viruses, such as hepatitis or HIV. Of course the haemophilia community was overwhelmingly effected, but many people who received blood transfusions, for example during childbirth or after a car accident, were also infected.

What Glenn sought from that meeting with me in 2010 was simple—it was the truth about what had happened to him and to thousands of other people, and to ensure that such a disaster could never happen again. Also, acknowledging the scale of this disaster would hopefully compel the Government to take responsibility for the ongoing effects: people left bereaved; people living in pain; people requiring care; and people who are unable to work.

Since Glenn and I met in 2010, I have been honoured and humbled to campaign alongside a whole movement of courageous individuals whose lives have been changed by this disaster and alongside many organisations, including Contaminated Blood, Tainted Blood, Factor8, the Haemophilia Society, Haemophilia Scotland, Haemophilia Wales and so many others. I have also been honoured and humbled to work alongside Members of both Houses of Parliament. I will just mention Baron Field of Birkenhead, who is now gravely ill but was there at the start of the fight for justice, and the decades of support from the late Lord Alf Morris.

I would like to say that over the years the response from leaders in the NHS, in the Department of Health and Social Care, and in the Government has been marked by contrition, openness and a fervent desire to support those living with the ongoing consequences of this disaster. Sadly, however, it has not been marked in that way, which is how a disaster became a scandal.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I am grateful to the right hon. Lady for giving way and I thank her and the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), for securing this debate.

The right hon. Lady said there has not been enough contrition and she is absolutely right about that. I will raise the case of one of my constituents, whose father was a haemophiliac infected by HIV and hepatitis C. The feelings of shame that went with that, even though they were completely unwarranted, were very real at the time. My constituent’s father died in 1995, so my constituent has been fighting for years; I will not name them today.

Does the right hon. Lady agree that there has been not only a lack of empathy, but far too many clerical errors along the way, and that it is now time for a formal apology? I welcome the letter I have had from the Under-Secretary of State for Health and Social Care, my hon. Friend for Lewes (Maria Caulfield), which I will forward to my constituent later today, but I think we need to go a little bit further.

[Dame Diana Johnson]

I am very grateful for that intervention and I absolutely agree with what the hon. Gentleman says. Some evidence suggests that concerns about the unfolding disaster were covered up at the time. Attempts to retrospectively reveal the truth via an independent inquiry were repeatedly resisted by successive Governments. It is only now, five decades after it began and after a very long-fought campaign, that we have the public inquiry underway, under the distinguished leadership of Sir Brian Langstaff. I was very pleased that, in advance of Sir Brian’s inquiry concluding, the former Paymaster General, the right hon. Member for Portsmouth North (Penny Mordaunt), commissioned a study from Sir Robert Francis KC on a framework for compensation and redress for victims of infected blood to ensure that no time will be lost when Sir Brian publishes his final report in readiness for, as seems highly likely, his recommendation that compensation be paid.

Unfortunately, although the study results were sent to the Cabinet Office in March, the Government refused to publish it at that time. Instead, they promised to publish it alongside a full Government response, but the study was leaked to the press and the Government were then forced to publish the report in June. However, there is still no official response to Sir Robert’s study. Five months on, we are still waiting for that full Government response. We very much look forward to what the Minister has to say today about Sir Robert’s study, as the Government have now had a total of eight months to review the findings of the study. I hope the Minister will be able to provide a detailed response and firm commitments. Just to remind the Minister again, time is of the essence with this group. The inquiry will already have been running for six years when it concludes next year. Too many lives have been lost. Too much suffering has been caused. The victims of the contaminated blood scandal must not be made to wait any longer, either for answers or for action. What comes next from the Government should be marked by openness and a full commitment to deliver justice to everyone affected by this scandal.

[Patrick Grady (Glasgow North) (Ind)]

I thank the right hon. Lady for giving way and for securing this debate. I have also heard from constituents who are extremely concerned about the amount of time it has been taking to achieve justice. Nobody is getting any younger waiting for the compensation that they deserve, whether they are immediately affected or part of a family that has been affected. Does she share my concern that justice increasingly delayed risks becoming justice denied?

[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.

[Charlotte Nichols (Warrington North) (Lab)]

As my right hon. Friend rightly says, the interim compensation payments made to those infected and bereaved partners have huge holes in them, with too many people unable to access that support, including constituents of mine whose parents were killed by infected blood or blood products. Does my right hon. Friend agree that the Government must compensate both infected and affected victims of infected blood and blood products, and that the compensation arm’s length body should be able to begin accepting compensation claims as soon as the inquiry reports?

[Dame Diana Johnson]

Absolutely. We are not alone in saying that, because Sir Robert also says it very clearly in his findings.

[Virginia Crosbie (Ynys Môn) (Con)]

Will the right hon. Lady give way?

--- Later in debate ---

[Dame Diana Johnson]

Yes, but I will then conclude, because I know that so many other people want to speak.

[Virginia Crosbie]

I thank the right hon. Lady for allowing me to intervene, and for calling this important debate. At the beginning of her speech, she rightly mentioned all of the organisations that have campaigned to try to get justice for not only the victims but the families, particularly relating to compensation. I would also like to specifically thank the chair of Haemophilia Wales, Lynne Kelly, and her team, who have been relentless in their determination to get justice for all of those affected across Wales.

[Dame Diana Johnson]

Absolutely. I echo those comments as well. To conclude, what I am looking for from the Minister is, “Pledge, prepare, and pay.” Those points are the criteria that the Government will be judged on, and how they can best bring this scandal to an end and ensure that survivors and affected families can finally access justice and receive compensation for the worst treatment disaster in the history of the NHS.

[Dame Angela Eagle (in the Chair)]

Before I call the next speaker, because there are a lot of Members who want to speak, I will suggest a voluntary time limit of around four minutes. That will ensure that everybody gets in.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

It is a pleasure to be able to speak in this extremely important debate, Dame Angela. I say to the hon. Member for Vauxhall (Florence Eshalomi), who speaks from the Labour Front Bench, that the Government absolutely hear loud and clear what has been said today. Although I am just a few weeks into the job, I have been enormously struck by the sheer weight of grief and experience that has led us to this point today and will lead us to our final destination, hopefully next year.

As so many others have, I pay tribute to the family members, the sufferers, the carers and friends of the people who were involved in this awful incident so many years ago. I also congratulate the APPG. I have listened to the debate, and this is Parliament at its best. A tragedy that affected all parts of our United Kingdom has seen very personal stories reflected by Members of Parliament, and has brought parties from different sides of the political divide together to represent their constituents and seek justice. I pay tribute to right hon. and hon. Members who have spoken up for their constituents today.

I am confident that Sir Brian Langstaff’s infected blood inquiry, whose report we expect in the middle of next year, will deliver the answers that the victims of infected blood have waited so long for, and will make recommendations for compensation and wider recommendations to ensure that such a disaster can never happen again in our country.

The infected blood inquiry has heard first hand of the terrible suffering experienced by the victims of infected blood over many years, and the terrible financial hardship faced by many as a result of their infections and the burden of caring for stricken loved ones. This Government commissioned Sir Robert Francis KC to produce an independent study with options for a workable and fair framework of compensation for those infected and affected by the tragedy. As everyone knows, Sir Robert’s study was published in June of this year.

Following Sir Robert’s detailed evidence given to the inquiry in July, the chair of the infected blood inquiry, Sir Brian Langstaff, delivered an interim report to the Government. In his report, Sir Brian made the following recommendations:

“(1) An interim payment should be paid, without delay, to all those infected and all bereaved partners currently registered on UK infected blood support schemes, and those who register between now and the inception of any future scheme;

(2) The amount should be no less than £100,000, as recommended by Sir Robert Francis QC.”

On 16 August, my right hon. and learned Friend the Member for Northampton North (Michael Ellis), then Minister for the Cabinet Office, wrote to Sir Brian to confirm that the Government had accepted his recommendations in full and that interim payments of £100,000 would be made by the end of October to all infected beneficiaries and bereaved partners registered with the four national support schemes. I am happy to confirm that those payments were made across the whole of the UK by 28 October. The payments are tax-free and will not affect any financial benefits or support an individual is receiving.

As my right hon. Friend the Member for North West Hampshire (Kit Malthouse), then the Chancellor of the Duchy of Lancaster, said when announcing those interim payments, they are the start and not the end of a process to respond positively and rapidly to the inquiry’s likely recommendations about compensation. On the comments made by the hon. Member for Central Ayrshire (Dr Whitford), we understand that this is limited justice, but we hope to fulfil that limited justice as quickly as possible. I also pay tribute to her for her work as a surgeon.

Although it would be wrong for me to try to second guess the likely recommendations of the independent inquiry, I fully expect Sir Brian to make recommendations about broader final compensation for the many victims of infected blood. In his interim report, Sir Brian referred specifically to bereaved parents and children and said that the moral case for their compensation was “beyond doubt”. He recognised what he called the

“greater degree of personal individualisation”

necessary in determining compensation for that group of victims, the complex nature of which made it difficult to include the group of bereaved victims in an interim scheme intended to be introduced as rapidly as possible. There can be little doubt that once he has considered the arguments in closing submissions, Sir Brian’s final report will make recommendations about compensation for a wider group of people.

Sir Robert’s study was commissioned so that the Government would be ready to address quickly any recommendations on compensation made by the inquiry. Officials are now working together across Government to produce options for compensation that can be quickly matched to the inquiry’s recommendations. On the point made by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) at the start of the debate, we have the resource in place across Government to do that work. We are doing it with the intention of being able to respond very swiftly to the inquiry’s findings when they come.

[Dame Diana Johnson]

I am listening carefully to what the Minister is saying, but I just want to be clear. When will we see a response to Sir Robert’s review, which the Cabinet Office received in March? We are now eight months on. I know there has been political turmoil for many of those months, but if the civil servants were getting on with that work, on what date will we see the publication of the Government’s response to a report they have now had for over eight months?

[Alex Burghart]

I understand the right hon. Lady’s point. Sir Robert’s findings have fed into the inquiry. We are now preparing for the inquiry’s final findings and we will respond as quickly as possible.

--- Later in debate ---

[Alex Burghart]

I am very happy to have that conversation. The Minister for the Cabinet Office and I are meeting the right hon. Member for Kingston upon Hull North in the coming weeks, and I am sure that will be a central part of our discussion.

[Dame Diana Johnson]

I am sorry to press the point, but in March, when the Government were given a copy of Sir Robert’s report, they made it very clear that they were going to publish it at the same time as the Government response. They wanted to publish the full response at the same time. Is the Minister now saying that that was not what was intended and that any Minister telling Parliament that that would happen was actually misleading Parliament?

[Alex Burghart]

I hope that the right hon. Lady will appreciate that I was not the Minister at the time; I have been in post for just a few weeks and I do not want to say anything that is incorrect. However, my understanding is that following the work done by Sir Robert, Sir Brian called Sir Robert to give evidence and then he himself made recommendations about interim payments that the Government immediately responded to. I also hope that the right hon. Lady will bear that in mind when considering the Government’s likely response in the future. The Government said that they would respond very swiftly on interim payments and they did so. Before the end of October, as we pledged, the interim payments were all received by those affected. I hope that she will take that as an indication of our desire to move as quickly as possible, in keeping and in line with Sir Brian’s ultimate recommendations.

--- Later in debate ---

[Alex Burghart]

I will say to the hon. Lady what I said to the right hon. Member for Kingston upon Hull North a few moments ago: my right hon. Friend the Minister for the Cabinet Office and I are meeting the right hon. Member for Kingston upon Hull North in the coming weeks and I would be happy to make sure that that is at the top of the agenda.

[Dame Diana Johnson]

It is really not acceptable to say that the Minister will meet the APPG as a way of deflecting from the important points that have been raised in the Chamber and the promises that have been made by successive Ministers in the Cabinet Office to this group of people who have suffered for far too long. We were told there would be a Government response to Sir Robert’s review. That is what we were told; that is what everybody is expecting. We were never led to believe that we would have to wait until the middle of next year when Sir Brian produces his final recommendations. The Cabinet Office put forward that work to have the review so it is ready to go as soon as Sir Brian makes his recommendations. It is totally unacceptable that the Government are behaving in this way.

[Alex Burghart]

I hope the right hon. Lady will not see it as deflection that we want to meet her and discuss these matters with her. I am sorry that she is dissatisfied with the response today. She will have a chance to discuss this with the Minister for the Cabinet Office and me in coming weeks, as she knows, because it is in her diary.

--- Later in debate ---

[Dame Diana Johnson]

I thank everybody who has contributed to the debate. I think it has been strong and clear in terms of the strength of feeling across political parties in this House about what needs to be done.

I have to say to the Minister that I am deeply, deeply upset by his closing remarks and the fact that we have had to wait eight months to have a Minister in front of MPs to answer our questions about Sir Robert’s work. We all welcomed that piece of work, and we welcomed the fact that the Cabinet Office was looking to get a compensation framework in place and ready to go for when Sir Brian makes his recommendations next year. We absolutely support that, but the fact is that we were told very clearly that we would have a Government response to that review so we could see what the Government’s thinking was and know what direction they were going in, ready for next summer. To be told that we have to wait until next summer to find out the Government’s view of the compensation framework that Sir Robert has put forward is absolutely—I am speechless, actually. I am so upset by this.

We fought tooth and nail to get a public inquiry. We fought tooth and nail to ensure that compensation was ready to go for next year, and now we are being told this by the Government. It is absolutely outrageous. I will not leave this here. The hon. Member for Glasgow South West (Chris Stephens) made it clear that we will relentlessly pursue the matter. I am sure that every Member in this Chamber will relentlessly pursue the Government to do the right thing. The way the Government are behaving with this group of people is not right. It is outrageous, and we will not leave it at this.

Question put and agreed to.

Resolved,

That this House has considered the infected blood inquiry and compensation framework.