Contaminated Blood Products

Jane Ellison Excerpts

Wednesday 9th September 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Health (Jane Ellison)]

I will do my best, Mr Owen.

I congratulate the hon. Member for South Down (Ms Ritchie) on securing this debate; she is a consistent champion of this issue. Many other colleagues present have also done so much important work over many years on this difficult and tragic topic.

During the ’70s, ’80s and early ’90s, many individuals were sadly infected with hepatitis C, HIV, or both, from NHS-supplied blood or blood products before effective donor screening tests were introduced. To this day, many people continue to be affected by the grievous outcome of their earlier treatment, so it is right that the matter is given our attention and collaborative consideration. I know that I will not be able to satisfy all the points raised by the hon. Member for South Down, but I hope that I can at least give the House a very keen sense of how much I share the desire to move towards a better outcome and a conclusion.

[Chloe Smith (Norwich North) (Con)]

Does my hon. Friend the Minister plan to address the subject of drugs? Can she put a rocket up the National Institute for Health and Care Excellence to get that part of the business in order?

--- Later in debate ---

[Jane Ellison]

I do intend to touch on new treatments, because that is one aspect of the landscape in this policy area that has changed profoundly for the better in recent years. I am also always happy to follow up on any issues with colleagues.

I know how much interest there is in this issue, as demonstrated by the presence of so many Members today. Many Members have heard from constituents, as have I, of the significant and devastating impact of this tragic matter on their lives. Successive Governments of all complexions have looked at and wrestled with this difficult issue. I have spoken directly to affected individuals and families and I read many letters—every single one that is sent to me—detailing people’s concerns and frustrations with the current schemes of support and the situation in general.

I assure Members that the matter of infected blood and the reform of the payment schemes continues to be a priority for me. I meet regularly with my officials in the Department of Health, including over the summer, to maintain progress towards a better outcome. As I indicated in my statement before the recess, the Government are considering the provision of future financial assistance, and other support for those affected, within the context of the spending review and in a way that is sustainable for the future. It does need to be sustainable.

We will be consulting to help develop the shape and structure of any new scheme. Members know that, and we have said that before. I appreciate and share the frustration that we have not been able to move to publish a date. I cannot give Members a date today, but we still intend to consult as soon as possible.

[Ms Ritchie]

It is vital that the Minister gives us a date for the commencement of the consultation today. We are talking about a life and death issue for many, many people. I know the Minister appreciates that, but she has to understand that a date is the most compelling requirement, along with the compensation and access to drugs.

[Jane Ellison]

I am well aware of that fact, and I do not casually say that I cannot give a specific date today. The consultation will take place before the end of the year, as we have previously committed to. We are working on the detail of that, but I cannot give Members a specific date today. It is an absolute priority to bring it forward. The area is complex, both legally and in its proximity to the spending review, but we have made that commitment.

[Chris Stephens (Glasgow South West) (SNP)]

Will the Minister give way?

[Jane Ellison]

Not if it is on the same topic. I have said what I can today, and I have also said that I will inform Members as soon as I can when we have a date for the consultation. I have done everything in my power to keep Members informed on the issue, and I will continue to do so.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

In addition to a full, fair and final resolution to the issue, the victims also need clarity on access to drugs. Will the Minister clarify why NHS England has made access to drugs more complicated than it is in Scotland, Wales and Northern Ireland with the networks of hospitals? Why is that required?

--- Later in debate ---

[Jane Ellison]

I will come on to drugs and access to drugs, although perhaps not quite in the detail that my hon. Friend seeks. I will now make progress and not take any interventions for a while to ensure that I get to the points that Members have raised.

Suffice it to say, I was strongly aware, as I was present for most of the urgent question on 17 July, that access to treatment is uppermost in Members’ minds. Considerable time and attention is being given to the issue, and I will touch on it in my remarks. Following the consultation, we will take into account the views that we receive, and then look to work as quickly as possible to announce how the schemes will be reformed. Several thoughtful suggestions have already been made to me by MPs and patient representative groups on how we should approach the consultation. I am grateful for those suggestions, which I am considering carefully.

The Government are continuing to work with the devolved Administrations on the issue, and I hope that the hon. Member for South Down agrees that we should work as much as possible towards a four-nations approach. I suggest that, as part of that, it would be helpful if she shared her knowledge and insight with Ministers in Northern Ireland. We continue to do so at official level and we will ensure that appropriate ministerial exchanges happen.

While decisions have not yet been made on what the new scheme will look like, the House should be assured that, given the level of unhappiness with the existing schemes, we are considering root and branch changes, which I know is what campaigners are calling for. I would, however, like to be clear that while we are working to establish a full and fair resolution, liability has not been established in the majority of cases, so it would not be appropriate to talk about payments in terms of compensation, particularly on the scale that some campaigners and colleagues envisage. I know that Members are not happy with that, but I need to say that for the record. We will continue to fund ex-gratia payments, but we will look to reshape those following consultation. It is my hope that, pending decisions after the consultation, transition to a new scheme can begin from April 2016.

While many individuals may feel frustrated at the expected timescale for scheme reform, it is important that we take time to get things right, because we need suitable and lasting changes. That includes identifying all the complexities involved in making changes to a system of support such as this, and the need in due course to consider consultation responses.

As colleagues have mentioned, in March 2015, the Prime Minister announced that up to £25 million would be allocated to support transition to a reformed scheme. As previously stated, I confirm that we do not intend to use that for the administrative costs that might be associated with reform of the existing schemes. We expect to announce our plans for that money once we have a better understanding of what the wider scheme reform might comprise. If it is necessary to roll that money into the next financial year, we will do so.

The announcement by the Prime Minister on the allocation of the £25 million came on the day the Penrose inquiry final report was published. I am aware that many campaigners have written to their MPs regarding the Government’s response to Penrose. We have fulfilled our commitment to implement the recommendation in the Penrose report to take

“all reasonable steps to offer an HCV test to everyone…who had a blood transfusion before September 1991 and who has not been tested for HCV”

by reminding GPs, nurses and other clinical staff of the matter, along with the NHS guidance to offer a hepatitis C test to those at risk. I can give Members details if they are interested in how we have done that. Those reminders will act to ensure that awareness is significantly increased across England and will help to identify anyone who is currently unaware that they may have been infected with hepatitis C. However, the House should be reassured that look-back exercises took place in 1991 and 1995 to try to identify those individuals, so I would not expect the recent action to result in significantly increased uptake of hepatitis C testing.

[Jason McCartney (Colne Valley) (Con)]

I refer the Minister to the report by the all-party group on haemophilia and contaminated blood, which my colleague the hon. Member for Kingston upon Hull North (Diana Johnson) chairs. It was an extremely comprehensive report. We heard from many hundreds of victims on how to reform the trusts and funds. Will the Minister make a commitment that, when she has some timeline details, she will make a ministerial statement on the Floor of the House of Commons, so that Members will be able to question her?

[Jane Ellison]

I have done my best to ensure that the House and individual Members are kept informed at all times. I have had a number of individual Member meetings. I will touch on this again, but I will of course look to keep the House informed on all important timelines, as we have to date. The all-party group, to whose comprehensive report my hon. Friend rightly referred, has informed our thinking, but there has never been a public consultation on any aspect of scheme reform. No Government have done that before, so this will be the first time that any formal public consultation has been undertaken.

[Mark Durkan (Foyle) (SDLP)]

Will the Minister give way?

[Jane Ellison]

No. I will touch on the issue of drugs, and if there is time afterwards, I will take another intervention.

Many Members are aware that a new generation of promising drug treatments is emerging that has the potential to offer an effective cure for many patients with hepatitis C. The National Institute for Health and Care Excellence issued guidance recommending two of the drugs earlier this year, and those are now routinely available on the NHS for eligible patients. NICE is developing guidance on three further treatments and has recently consulted on draft guidance. NHS England announced in June that it has made £190 million available this year so that patients with confirmed cirrhosis from hepatitis C can benefit from the new treatment options. In previous debates, I have offered advice to Members on how constituents who are worried that they are not getting access to those options, yet meet the clinical guidelines, can get access. In particular, it is important that patients to talk to their hepatologist.

We estimate that around 550 individuals infected with hepatitis C through historical treatment with NHS-supplied blood and blood products can now access the new treatments under the NHS’s interim commissioning policies. As the Secretary of State committed to on 25 March, the Department of Health is continuing to work to bring transparency to the matter of infected blood. The documents covering the period from 1970 to 1985 have been published in line with the Freedom of Information Act, and are available on the National Archives website. The Department is completing the transfer of the documents that we hold for 1986 to 1995 to the National Archives. Once those have been handed over, the National Archives will need to take the records on to its systems and make them available on its “Discovery” website. As to the precise date, we had hoped that it would be this summer, but for technical reasons the National Archives has indicated that it anticipates the documents being made available on its website after the January 2016 releases. I stress that that is only for technical reasons associated with the transfer of the documents.

I appreciate the House’s frustration and I am sorry that I will not be able to let the hon. Member for South Down back in to respond at the end. I understand the sense of urgency and the need for change. In hoping to reach a conclusion as soon as is practicable, I have, through the hon. Member for Kingston upon Hull North (Diana Johnson), offered parliamentarians a meeting ahead of the consultation so that I can hear their concerns and suggestions and so that they can contribute to shaping scheme reform.

Motion lapsed (Standing Order No. 10(6)).