Infected Blood Compensation Scheme

John Glen Excerpts

Monday 2nd September 2024 Commons Chamber

[John Glen (Salisbury) (Con)]

I thank the Paymaster General not only for early sight of the statement, but for his communications with me over the recess, when he kindly updated me and gave me advance notice of his intention to make a statement to the House today.

The Paymaster General rightly reminds the House of the gruesome nature of this part of our state’s recent history with respect to the infected blood scandal. He points to the fact that people were misled over treatments they needed and received, and Members on both sides of the House will need to take ownership of the enormous delay in bringing justice to those who have suffered so much over several decades.

I am grateful for the Paymaster General’s update on the work that the previous Government commissioned. After the infected blood inquiry’s final report was published on 20 May, we took swift action to establish the Infected Blood Compensation Authority on 21 May, when we also appointed Sir Robert Francis as interim chair of the authority and asked him to work with Sir Jonathan Montgomery as chair of the expert group to undertake an engagement exercise with the infected and affected communities. The right hon. Gentleman kindly updated the House on 26 July, when he confirmed that he was considering the outputs of that engagement exercise.

Those conversations were always intended to be a critical step in ensuring that the Government—whichever Government—delivered a final scheme that brought justice to the deserving victims, and was seen by them to do so. I welcome the Government’s determination to continue listening to the concerns of the infected and affected communities.

Could the Paymaster General confirm whether thought has been given as to how representatives of the infected and affected communities will be embedded in the organisational structures of the compensation authority? In my 18 meetings across the UK in May, it was very clear to me that their levels of trust in any Government would likely remain low, so determining exactly how their voices will be heard in future is critical.

In essence, the statement acknowledges that the Government have met their obligation under the statutory deadline imposed by the Victims and Prisoners Act to lay regulations to enable the scheme to be operationalised by 24 August. I warmly welcome that. The statement makes it clear that the Government will accept 69 of the 74 recommendations of Sir Robert’s June engagement exercise, and they offer a better practical solution for the five that they do not accept. Having read them, that seems sensible.

As the Paymaster General will know, however—I recognise the pressure that he will feel—what victims want to hear from him is when all the regulations will be laid, when the claims will be processed, and when the deserved payments will be transferred into victims’ bank accounts. The statement does not offer anything specific in that regard. I would welcome any further details on the timetable for the laying of further regulations pertaining to the infected communities core route for compensation delivery.

As the Paymaster General knows, those communities have suffered the most and the urgency of their need for the final balancing payment remains acute. Today’s statement does not give them clarity on the timetable they can expect. It was my understanding that the Infected Blood Compensation Authority was aiming to make the final balancing payments on the core route by the end of 2024. I think he committed to that, and it would be good if he reconfirmed that in his response.

I will move on to the supplementary route outlined in the statement, which involves a commitment to provide a supplementary additional autonomy award of up to £15,000 to those subjected to unethical medical research. Further, a recommendation to increase the social impact award for affected individuals has been accepted. We on the Opposition side of the House support these new developments, but I have a few questions about the implications for delivery.

I ask the Paymaster General to clarify the additional autonomy awards for unethical medical research, especially for the nearly 100 haemophiliac children from Treloar’s, who the Government have now stated will be paid a higher £15,000 award. Comments have been reported from some in the Treloar’s community who appear unhappy with these relatively modest supplementary amounts. It would be helpful if he reiterated and explained how unethical research can be quantified, graded and added to the heads of loss that already take account of loss of autonomy and social impact.

Furthermore, it continues to trouble me that those who determined that this research should take place in the first place appear unaccountable for those decisions. I recognise that is not the Paymaster General’s personal responsibility, but we need to keep that in focus in the broader response to Sir Brian Langstaff’s report. May I also ask when the estates of the infected who have died will be paid? Many thousands of individuals who have lost family, friends and loved ones will be entitled under the terms of the scheme, and they now need to know a realistic timeline for those payments to be made. Equally, when will the work to evaluate the affected communities’ individual entitlements begin, and what is the timeframe for when payments will be made to those qualifying individuals?

Finally, I would like to address the decision of the Government to continue the existing payments of the infected blood support scheme beyond the final payment from the Infected Blood Compensation Authority. There is now surely a risk of administrative complexity whereby victims continue to interact with existing support schemes and the newly enabled authority. I urge the Minister to consider the trade-offs between efficient speedy delivery of final compensation packages with administrative overlaps and the confusion arising amid a very troubled and vulnerable group of distinct communities that can often disagree with each other.

I conclude by thanking the right hon. Gentleman sincerely for his openness and clarity about what he is intending to do. However, I urge him to bring more specificity on the timelines for different communities to this House as quickly as he is able. I note he acknowledges that the victims have waited too long for justice, and I am encouraged that the Government are beginning to deliver, but as he used to urge me, speed is of the essence, and granular timetables that some of his officials will be reticent for him to specifically commit to are now required if good will is to be generated from the combined efforts of all parties in this House in 2024.

[Nick Thomas-Symonds]

I am grateful to the right hon. Gentleman not only for his work in Government in seeking to deliver this compensation package, but for the constructive tone he has taken in responding to the statement. I will try to deal with the issues that he raised. First, he is right to raise the continuing importance of engagement with the infected and the affected, which I know is a priority for Sir Robert Francis in how he conducts the business of the Infected Blood Compensation Authority.

The right hon. Gentleman asked me about some of the timelines. In respect of the estates of deceased infected persons, there will be a further interim payment of £100,000, and applications for that will be open from this October—next month. I can confirm, as he asked me to, that the timetable for payments to the infected on the core route should start to be made by the end of this year. In relation to the affected, which he also asked me about, I would expect those payments to start to be made next year.

The right hon. Gentleman also asked about the payments for unethical medical research. I should say to the House that no amount of money is ever going to make up for the horrors we have seen as part of this scheme, but the recommendations made to us by Sir Robert Francis were in the sum of £10,000 for unethical medical research generally, and because of the very specific breach of trust at Treloar’s, that those payments should be £15,000. The Government have accepted those figures, and these amounts of compensation serve as a marker of those appalling unethical medical practices. However, it should be pointed out that, given the other heads of loss, that will form but a small part of the overall amounts I would expect to be paid out under this scheme.

On accountability, the shadow Paymaster General will be only too aware that individual prosecutorial decisions are quite rightly independent decisions for the prosecuting authorities. However, I can confirm that on 9 August I wrote to the National Police Chiefs’ Council—I think he has had sight of that letter—to make it clear that the Cabinet Office and, indeed, the Government will co-operate fully and make any evidence within our control and possession available, as appropriate, so that decisions can be made about people being held to account.

The final point the shadow Paymaster General made about complexity is a sound one, and I think one of the priorities—and I know it is a priority for Sir Robert Francis —is to ensure that the Infected Blood Compensation Authority operates in a way that does give those making claims to it the most appropriate possible experience with appropriate support from caseworkers. I think it is absolutely essential that it does that.