Infected Blood Compensation Scheme
Debate between Judith Cummins and Nick Thomas-Symonds(1 week, 6 days ago)
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The Paymaster General and Minister for the Cabinet Office (Nick Thomas-Symonds)
Madam Deputy Speaker, I would like to provide an update to the House on the progress made to provide compensation to victims of the infected blood scandal.
In May 2024, the infected blood inquiry’s report exposed a catalogue of failures at the systematic, collective and individual levels. Thousands of lives were needlessly lost, and too many people continue to suffer as a result of failures stretching back decades. I welcome the commitment across the House to holding the Government to account on responding to the inquiry’s recommendations, and I will continue to provide regular updates on the Government’s progress.
In December 2024, I published the Government’s response to the infected blood inquiry. In that response, on behalf of the UK Government and working closely with the devolved Governments, I accepted either in full or in principle all 12 of the inquiry’s recommendations. I will provide a further update on those recommendations in May of this year, as requested by the inquiry.
I will now update the House specifically on the inquiry’s recommendation on compensation. In August 2024, I established the infected blood compensation scheme in regulations. That enabled the Infected Blood Compensation Authority to begin making compensation payments to people who are infected. I was pleased that IBCA delivered on our shared commitment to make the first compensation payments by the end of last year. That was a significant step, and the work to progress payments quickly continues as an absolute priority.
Yesterday, I laid before Parliament the draft Infected Blood Compensation Scheme Regulations 2025. As those regulations are subject to the draft affirmative procedure, there will be an opportunity for parliamentarians to debate and approve them before they become law. When laying before the House the previous regulations to establish the scheme for people who are infected and are claiming compensation under the core route, I made a commitment on the Floor of this House that those regulations would come into force by 31 March, subject to parliamentary approval. I would welcome the support of the House in approving those regulations, enabling us to deliver compensation to those who deserve it as quickly as possible.
I am fully aware of how important it is to the House, and to the many victims of this appalling scandal, that the Government provide clear and regular updates on our progress in establishing the infected blood compensation scheme. I have therefore come before the House today to explain the steps that have been taken and what they mean.
Once approved by Parliament and in force, the Infected Blood Compensation Scheme Regulations 2025 will provide IBCA with the powers it needs to begin making payments to eligible affected people. By way of a reminder, those affected include partners, parents, children, siblings and, in some instances, carers. Those people have suffered terribly from the impact of infected blood on their loved ones, and these regulations mark a significant milestone for them. The Government will do all we can to support IBCA’s aim of the first compensation payments to eligible affected people being made before the end of this year, and by laying these regulations we are a step closer to achieving that aim.
As we set out in August, the infected blood compensation scheme is tariff-based. The tariffs are intended to work in a way that would be appropriate for the majority of people applying to the scheme. However, we know that the impact infected blood has on people’s lives varies hugely. Each person’s experience is unique and heart- breaking, and the Government recognise that there are some exceptional cases where the level of compensation offered through the core route does not sufficiently address a person’s individual circumstances. For that reason, the Government have provided for higher levels of compensation for specific awards through the supplementary route, where people can demonstrate their eligibility. The regulations I have laid before Parliament set out the details of that supplementary route.
Once in force, the regulations will allow IBCA to make payments to eligible people through both the core and supplementary routes. All applicants will need to go through their initial core route assessment before applying to the supplementary route, but doing so will not delay payment of that initial core compensation offer. The regulations I have laid propose to restate and consolidate the Infected Blood Compensation Scheme Regulations 2024, which were approved by Parliament in October last year. We have done that primarily for reasons of simplicity. Having a single set of regulations that consolidates the provisions means that it has been possible to cover all compensation routes for all eligible people in a single place.
Alongside the draft regulations, yesterday we published an accompanying explanatory memorandum and equalities impact assessment. We also updated the compensation scheme explainer on gov.uk. I have heard from the community the importance of a simpler document, so I commit today to the publishing of a wider, simpler document. I have already engaged with several hon. and right hon. Members across the House in recent days, and I will continue to do so on the substance of these regulations in the coming weeks.
I would also like to welcome the progress being made in delivering compensation. In addition to the over £1 billion of interim compensation payments that have been paid so far, IBCA has now invited 113 people to claim compensation. So far, 23 offers have been made, totalling over £34 million, and 14 offers have been accepted and paid, totalling over £13 million. IBCA remains on track to invite 250 people to apply by the end of March, and it will continue to publish its monthly statistics on its website. However, this is only the beginning, and there is much more work to do.
This week, IBCA set out its plans to open the compensation service in stages to make sure it is effective and secure for all those claiming. This decision was taken independently of the Government by the IBCA board. The groups that IBCA will work through as it builds the claim service will be as follows. The first will be people who are living infected and are already registered with a support scheme. IBCA already has the details of those people through the infected blood support schemes, and it began making payments to this group in 2024. IBCA intends to accelerate the number of claims it is processing from April.
The second stage will be people making supplementary claims. The regulations I am laying provide IBCA with the ability to process these claims. As IBCA develops its service, this will it to process the different types of evidence needed for supplementary claims and allow people to settle their claims in full as quickly as possible. People who have registered estates are in the third group IBCA has set out. This is where an estate has already been verified as eligible for compensation through the interim payment scheme that I announced in October last year. This will ensure that significant compensation can reach multiple people, who could include both those who are infected and those who are affected.
People who are affected and linked to a registered infected person or a registered estate will be in the fourth group. If an infected person or an estate is registered, this will allow IBCA to progress an affected person’s claim more quickly. The fifth group that the service will be developed for is people who are infected, but not registered with a support scheme. The sixth group will be people who are either applying on behalf of an infected person who has not previously been registered with an infected blood support scheme, or people who are affected and not linked to a registered claim. IBCA expects that it may take slightly longer to work through the claims of people who have not previously been registered for compensation.
The IBCA board assures me that this is in no way intended as a prioritisation of different claimants, but is the best way of building the service so that IBCA can get to the point where it can progress all claims as quickly as possible. Crucially, it does not mean that all claims in each group need to be finished before developing and opening the service for the next group.
IBCA has communicated its decision on its website and through the regular community update, and it has written to members of the infected blood community and right hon. and hon. Members with whom it has previously engaged to inform them of its plans. Determining these groupings is a heavy responsibility, and I am pleased that IBCA sought feedback from the infected blood community in reaching this decision. The community must, after all, be kept at the centre of all this work.
While the roll-out of the scheme is an operational decision for IBCA as an independent body, I fully support its commitment to moving forward as swiftly as possible, and I was encouraged to see the dedication of its staff and leadership in my visit to the organisation last month. As compensation applications increase, I know that IBCA is determined to ensure payments are made to people as soon as possible. I will set out more detail on this in due course, but it will include key performance indicators that IBCA will be working towards to make sure that compensation claims are dealt with effectively and efficiently. Of course, decisions on the parameters of and eligibility for the scheme remain ones for the Government, subject to parliamentary approval, as is set out in the regulations I have laid, and are not impacted by IBCA’s decisions.
Let me conclude by saying that in laying these regulations, we are one step closer to having the entire infected blood compensation scheme fully established in law. I understand the importance of providing an opportunity for everyone across the House to debate this matter. This will be another significant moment for all those who have waited too long. On 30 January, I was able to meet a number of representatives from the community to update them on the Government’s plans. As ever, I found it an invaluable experience, and I am hugely grateful to those who shared their thoughts and experiences.
On my appointment to this role in July, I was determined to meet the first statutory deadline of 24 August for the first set of regulations. Over the past seven months, I have been insistent to my officials and the community on the importance of making sure that, after 40 years of injustice, justice is now finally being delivered and compensation rightly being paid. The Budget announced £11.8 billion of funding for this compensation scheme, showing the scale of this Government’s commitment to concrete action. I hope parliamentarians across both Houses will support the regulations, so we can finally focus solely on delivering compensation to those who have waited for justice for far too long. I commend this statement to this House.
Madam Deputy Speaker (Judith Cummins)
I remind the Minister that statements should be limited to 10 minutes and that it is courteous to let the Speaker’s Office know if a statement will exceed this time. The Opposition will of course be allocated additional time. I call the shadow Minister.
Nick Thomas-Symonds
I pay tribute to my hon. Friend for the work he does as chair of the all-party parliamentary group on haemophilia and contaminated blood. Obviously the tariffs were set on the basis of the expert group chaired by Sir Jonathan Montgomery and I compliment him on the work he did in that regard. However, the tariffs and the scheme also recognise particular individual circumstances and cases that are more complex. That is why the supplemental route is being put in place. I would add that I saw when I visited IBCA—I understand that my hon. Friend will be visiting shortly—the sympathetic, compassionate approach being taken with regard to evidence, given how long ago so much of this happened.
Infected Blood Inquiry
Debate between Judith Cummins and Nick Thomas-Symonds(7 months ago)
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The Paymaster General and Minister for the Cabinet Office (Nick Thomas-Symonds)
With permission, Madam Deputy Speaker, I would like to provide an update on the Government’s progress in responding to the infected blood inquiry’s report.
I start by reiterating that the inquiry’s final report laid bare harrowing aspects of the scandal that make it vital that we provide regular updates on this work. The infected blood scandal is an injustice on an unprecedented scale that spans decades. Thousands of people have died and, sadly, continue to die every week. Lives have been shattered and the voices of victims have been ignored for decades. People have watched their loved ones die and—this is one of the most chilling facts that the inquiry brought to light—children were used as objects of research. It is hard to conceive of the scale of the damage done and the incredible suffering of all those impacted.
On 20 May, the country bore witness to the devastating findings of the infected blood inquiry’s report. It was a national moment, a profound moment of shame for the British state, and a moment of long-overdue recognition for the victims and their loved ones. My right hon. and learned Friend the Prime Minister, in his former role as Leader of the Opposition, acknowledged that
“suffering was caused by wrongdoing, delay and systemic failure”
by all parties
“across the board, compounded by institutional defensiveness.” —[Official Report, 20 May 2024; Vol. 750, c. 667.]
The former Prime Minister issued an apology on behalf of the state for the devastating impact that the use of infected blood and infected blood products has had on countless lives. Today, on behalf of this Government, I reiterate that deep and heartfelt sorry. First, let me reassure the House that the Government are committed to acting on the findings of the infected blood inquiry report to ensure swift resolution. We are also committed to working cross-party, and will work with others to deliver the compensation scheme and get final payments to victims as soon as possible. It is vital that we shine a penetrating light on the lessons that must be learned, and that includes paying comprehensive compensation to those infected and affected by the infected blood scandal.
I would like to thank hon. Members who have played prominent roles in pushing the work to this point. The Minister of State, Home Department, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson), has always been —and I know will continue to be—a powerful advocate for this cause. Her work in pushing forward the cause and representing the voice of those infected and affected was unquestionably pivotal to our reaching this point. I also thank my predecessor as Paymaster General, the right hon. Member for Salisbury (John Glen). As I said yesterday in Cabinet Office questions, I am grateful for his work in the lead-up to the announcement of the compensation scheme, and for his collegiate approach. I hope that we can continue to work together on this important issue.
The scale of the horror that was uncovered by Sir Brian Langstaff’s report almost defies belief. One of the issues that the report brought to light is the importance of addressing the unacceptable culture of defensiveness in the public sector. We must make sure that people’s reputations and protecting institutions are never put above public service. This Government will bring forward legislation to place a duty of candour on public servants and authorities to make sure that this kind of behaviour cannot happen again. That legislation must be the catalyst for a changed culture in the public sector by improving transparency and accountability. It will address the culture of defensiveness and help ensure that the lack of candour uncovered in the infected blood scandal —and, indeed, in too many other instances, such as Hillsborough and Horizon—is not repeated.
We recognise that as well as delivering institutional change, we must provide financial redress to people whose life has been irreversibly and tragically changed as a result of the infected blood scandal. One of the most powerful conclusions in the inquiry’s report is that an apology is meaningful only if it is accompanied by action, and it is now my responsibility to carry forward this action. I hope to lead that work not only with the support of this House, but with sensitivity and respect towards the people who have been so unfairly affected by this scandal. After all that has happened, listening to the voice of victims is crucial, and I will endeavour to work closely with the infected blood community as we progress this work.
I would also like to update the House on the progress being made in establishing the Infected Blood Compensation Authority. The Victims and Prisoners Act 2024 legally created the authority on 24 May, and since that point, the interim chief executive David Foley has been working closely with Sir Robert Francis KC, the interim chair, to set up the compensation service. It is, frankly, no small task. The Cabinet Office is supporting the organisation as it recruits and sets up a service that is easy to access and simple to use. The authority will provide regular updates to the infected blood community and all others interested in its work.
Let me turn to compensation. On 21 May, I welcomed the former Administration’s announcement on compensation. There is an urgent need to get money to people in the most timely way possible. On 24 June, further interim payments of £210,000 were made to beneficiaries of the infected blood support schemes living with infections, bringing the total paid in compensation to victims to more than £1 billion. However, we recognise that this is not enough, given that many others have also been waiting for far too long.
The Cabinet Office is working closely with the Department of Health and Social Care, the devolved Governments and the administrators of the existing infected blood support schemes to establish the process for making interim payments of £100,000 to the estates of deceased people who were infected with contaminated blood or blood products, and whose deaths have not yet been recognised. Work is progressing to ensure that these payments are made as soon as we are able to. I am pleased to confirm to the House today that applications for these payments will open in October, and we will set out further details in due course.
There is also the matter of the final compensation scheme. We are committed to delivering this work quickly. We are also committed to getting it right. The proposed compensation scheme was published on gov.uk on 21 May, and we are committed, as I indicated yesterday to the shadow Paymaster General, the right hon. Member for Salisbury, to making regulations to establish the scheme by 24 August, as we are obliged to by the Victims and Prisoners Act. However, we also recognise the importance of building support and trust among those who will access the scheme. Sir Robert Francis undertook an engagement exercise in June at the former Government’s request, with the support of all parties. The exercise engaged those who have been most impacted by the scandal on the content of the compensation scheme. I have been engaging with Sir Robert to hear his advice following his meetings with members of the infected blood community. I am considering his advice carefully, with a view to publishing both his report and the Government’s position on it in advance of 24 August.
Finally, I reassure the House that there will be an opportunity to fully debate the content of the inquiry’s final report. I am conscious that given the timing of the recent election, there has not yet been time for right hon. and hon. Members to do so. It is essential, in my view, that Members of this House have enough time to digest and debate the devastating findings of the report. The Government are considering Sir Brian Langstaff’s recommendations, and we will provide an update to Parliament by the end of the year on the progress that we are making on responding to the inquiry’s recommendations, as Sir Brian recommended in the report.
The infected blood scandal is one of the gravest injustices this country has seen. I want to end by paying tribute to the courage and determination of the victims of this scandal—those infected and those affected who fought so hard for justice. At every debate on this issue, we remember that they are at the centre of all this. It is for them that we must come together to restore the sense that this is a country that can rectify injustice. They deserve nothing less. I commend this statement to the House.
Nick Thomas-Symonds
I am grateful to my hon. Friend for his questions. First, may I say that, of course, the voice of victims should be absolutely central to this. I thank Sir Robert Francis for the work that he did in the general election purdah period to ensure that that is the case. I will consider very carefully the recommendations that Sir Robert makes on the basis of that engagement and hearing the voice of the victims.
I want to deal with one other point that my hon. Friend raised, which was to do with the future of the infected blood support schemes. I understand that there has been concern about this. The current proposal is that no immediate changes will be made to the infected blood support schemes. Payments will continue to be made at the same level until 31 March next year, and they will not be deducted from any compensation awards.
From 1 April next year, people who receive the England infected blood support scheme payments will continue to receive them until such time that their case is assessed under the new scheme by the Infected Blood Compensation Authority. Once assessed under the scheme, the applicant will be able to choose how to receive their compensation, either as a lump-sum or periodic payment. I hope that that gives my hon. Friend the reassurance he seeks.
I have absolute confidence in Sir Robert Francis to run the Infected Blood Compensation Authority in an entirely appropriate way. I was in the Chamber when his appointment as the interim chair was announced, and it was welcomed warmly, as I recall, from the Public Gallery by the infected blood community.
Nick Thomas-Symonds
I am sure the whole House extends its sympathies to my hon. Friend on the loss of his grandmother as a consequence of this scandal. He is entirely right to highlight the impact that it has had on others: the people we call the affected people as a consequence of this scandal. With regard to the culture of institutional defensiveness, the critical thing is that people do not put protecting individual reputations or the reputation of institutions above what is in the public interest or above the duty of public service. I am not suggesting for a moment that that is an easy thing to lead on, but it is certainly something that this Government are determined to lead on, and of course I undertake to update the House regularly on that.