Infected Blood Inquiry

Diana Johnson Excerpts

Tuesday 23rd April 2024 Commons Chamber

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

(Urgent Question): To ask the Minister for the Cabinet Office to make a statement on the evidence uncovered of experiments on children and the contaminated blood scandal, and update the House on the action that the Government are taking on the second interim report from Sir Brian Langstaff.

[The Minister for the Cabinet Office and Paymaster General (John Glen)]

Let me start by stating that the stories reported in the recent BBC news article, and indeed The Sunday Times report by Caroline Wheeler, demonstrate the unimaginable suffering of all those impacted by this dreadful scandal. As the House will know, in 2017 the Government established an independent public statutory inquiry chaired by Sir Brian Langstaff, to give those impacted and their families the answers that they deserve.

Since it was established, the inquiry has taken evidence from a range of sources, and the testimonies are indicative of the bravery of every individual who has come forward. The infected blood inquiry’s final report is due to be published within a month, on 20 May, and we expect the inquiry’s findings to cover a set of extremely challenging issues. It would not be right for the Government to pre-empt the findings of this long-prepared and carefully considered report, but the Government have committed to update Parliament through an oral statement on next steps within 25 sitting days following 20 May. It is our intention to make that statement as soon as possible. The 25-day stipulation is a deadline, and certainly not a target.

In January this year, I appointed an expert group to provide technical advice to the Cabinet Office in responding to the infected blood inquiry’s recommendations on compensation. That work is well under way and will build on the recommendations of the infected blood inquiry to inform the Government’s substantive response to the inquiry’s recommendations on compensation. The Government understand the need to move quickly to provide compensation to victims of infected blood. Most recently, we tabled amendments just last Wednesday to the Victims and Prisoners Bill to impose a duty on the Government to establish an infected blood compensation scheme. It also establishes a new arm’s length body, named the infected blood compensation authority, to deliver the compensation scheme. It will operate on a UK-wide basis to ensure parity and consistency. That demonstrates our absolute commitment to deliver long overdue justice to victims of infected blood.

We understand that for many there is an urgent need for compensation. As the House will know, in October 2022, the Government paid more than £400 million in interim compensation to help to ease the short-term needs of those infected. The Government amendment also includes a statutory duty to make interim payments of £100,000 to the estates of the deceased infected people who were registering with existing or former support schemes, where previous interim payments have not already been made to infected individuals or their bereaved partners. That is an important step forward to get substantial compensation into the hands of families and victims of infected blood. Should that Government amendment be supported in the other place, it will return to this House for debate in the usual process of Commons consideration of Lords amendments.

[Dame Diana Johnson]

We know that more than 3,000 people have already died in the worst treatment disaster in the history of the NHS. Another 680 have died since the public inquiry started in 2018. With two people dying on average every week, 100 people have died since Sir Brian made his final recommendations on paying compensation in April 2023. He said that

“wrongs were done at individual, collective and systemic levels.”

He also said that in all conscience he could not wait until his final report was published to tell the Government to start paying compensation.

Last week, Hugh Pym of the BBC produced shocking evidence about children, even babies, being experimented on in the 1970s and 1980s without their parents’ consent. These disturbing revelations raise serious criminal and ethical issues for the NHS and the medical profession. There are possible breaches of the 1947 Nuremberg code. Alongside that, The Sunday Times, and Caroline Wheeler, in particular launched a campaign at the weekend for compensation to be paid now to those infected and affected by the contaminated blood scandal. So far, more than 160 MPs have backed the campaign, and 10 parties are represented, including six leaders.

Last week, the Government finally laid those amendments to the Victims and Prisoners Bill in the other place after this House forced the Government to act in December last year. This weekend, Ministers confirmed that even when Sir Brian produces his final report on 20 May, the Government may not respond until as late as 3 July 2024. Meanwhile, there has been no announcement on compensation funding or on any compensation scheme, despite the Government having accepted the moral case for compensation.

What action are the Government taking following last week’s BBC story on the experiments on children? When will Sir Brian’s recommendations on compensation be implemented in full? On what date will payments be made to those infected and affected? Why have the interim payments not been made, as Sir Brian recommended last April? How will those infected and affected be involved in the whole scheme? Why are Ministers rejecting the three-month timeframe for setting up a compensation body that this House agreed to in December last year, and Sir Brian’s recommendation that it should be judge-led?

On all sides of the House, Members know that when people are dying, justice delayed is justice denied. The time to act is now.

[John Glen]

I thank the right hon. Lady for her questions and initial comments. Nobody in this House has done more than her to advance the interests of the infected and affected communities, as I have said consistently since I took office on 13 November. I recognise her frustrations and am doing everything I can to address them. Last week, I met her and other Chairs, across parties, as I did just before the Easter recess, and I will continue to update her as regularly as I can.

The right hon. Lady draws attention to commentary from Hugh Pym and other journalists about speculation and allegations, which I believe Sir Brian Langstaff’s report, when it is published on 20 May, should give substantive airing to, drawing on the evidence collected. It would be reasonable for the Government to wait for that authoritative statement on what information and evidence they have gathered before we respond, but that does not mean that, since I took office, I have been doing anything other than move forward everything I can on compensation as quickly as possible.

The right hon. Lady is quite right to say that over 3,000 deaths have occurred since 1970, including 141 last year. I recognise that the challenge of urgently securing interim payments, in terms of the mechanics of how it is done, is not a concern of the infected and affected community. She quite reasonably stands up and urges speed on that, and I am doing what I can. The statutory duty to make an interim payment of £100,000 to the estates of the deceased infected people is the first time that we have put in legislation a duty to pay compensation before the ad hoc schemes, which, over the past 45 or 50 years, have never admitted culpability. I have also put into legislation, with the consent of both Houses, the need to set up the arm’s length body and make it as operational as soon as possible.

As I discussed with the right hon. Lady last week, my concern is to get that arm’s length body up and running as quickly as possible, and there is a legal obligation to do so when Royal Assent is gained—there is no statutory deadline but there is a responsibility to do that. I recognise the concern around a judge-led body. Indeed, Sir Brian Langstaff’s report suggests that a judge-led body would be desirable—I do not rule that out—but at this stage it seems reasonable not to confine it in legislation in case another candidate becomes available. Clearly, however, gaining the confidence of the affected and infected communities is absolutely integral to this process working. As I say, I am doing everything I can to bring forward the Government’s substantive response on the widest issues of compensation as near as I can to the 20 May, and I will update the House as often as I can. Indeed, I have made time available tomorrow for an open surgery for any MP who wants to bring cases to me.