Infected Blood Compensation Scheme

Julian Lewis Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Clive Efford (Eltham and Chislehurst) (Lab)]

First, I want to express my gratitude to Members of the House who have elected me as the designated chair of the all-party parliamentary group on haemophilia and contaminated blood. I say “designated” because we are lacking a Conservative officer in the group, so we cannot register it in the normal way—

[Sir Julian Lewis (New Forest East) (Con)]

I would be delighted to volunteer to fill that gap for the hon. Gentleman.

[Clive Efford]

The right hon. Gentleman would be most welcome, and I will pass on that information. I was hoping to tease someone out by saying that! It is an honour and a challenge to follow on from the excellent leadership of my right hon. Friend and colleague, the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson). She will be an extremely tough act to follow. She was forced to stand down from the role because she was appointed to the Government.

I welcome the progress that the Government are making and I welcome today’s regulations. For many, however, the victories that were celebrated when Sir Brian Langstaff made his final report and Sir Robert Francis was appointed to lead the Infected Blood Compensation Authority, were, rather than the beginning of the end, mere milestones on a path with many miles still to go. The fear among many campaigners is that the Cabinet Office, which was responsible for delay and obfuscation over decades, is now back in charge of the compensation scheme.

I know that the Minister is earnest in his wish to see the victims of this scandal given the justice they deserve, and that he understands that we are where we are because the campaigners refused to be silenced. They took on the establishment and won, and my right hon. Friend the Member for Kingston upon Hull North and Cottingham and I cheered them on and promised to deliver for them without equivocation should we get into government.

There has been progress, and we welcome today’s regulations, but for too many the euphoria has been replaced by frustration, leading to anger and a growing fear of betrayal. That stems from the fact that the campaigners feel that they are excluded from the process they brought into being. Decisions that they insisted should not be made without them are being made without the openness and candour the Government are legislating for. The Government have an excellent opportunity, ahead of that legislation, to show what candour means in public office. That is particularly true of how the tariff has been arrived at.

For the campaigners, it is like they have won the war, only to see those they vanquished put in charge of delivering the peace. There is growing unease that this is leading to the same tactics as before: delays, lack of information about how decisions are arrived at and lack of communication from the Cabinet Office. That lack of communication is causing people to look to small charitable organisations for advice, as they struggle to understand the complex compensation process. Will Ministers commit to providing support to those organisations, so that they can continue that work, as was recommended by Sir Brian Langstaff?

I understand that the Infected Blood Compensation Authority is starting to engage with the Haemophilia Society and campaigning groups about the process and technical matters, but there is an urgent need for much more engagement than has happened thus far. We are told that the Infected Blood Compensation Authority intends to settle 20 cases by the end of the year. Why only 20? How will they be selected? The victims call these the Willy Wonka golden tickets. In the meantime, while these 20 cases are completed, another 14 people are likely to die—one victim dies on average every four days.

Justice delayed is justice denied. When Sir Brian Langstaff published his interim report in April 2023, he appealed to the Government to get on with the compensation scheme, because he was alarmed that so many people were dying without receiving the justice they deserved. That makes it imperative that people, whether infected or affected, receive the interim payments without delay. Regulations for those affected by the scandal will not be published until March 2025—yet another year on from Sir Brian’s final report. Yet again, justice is delayed; yet again, victims will die without receiving compensation.

These are people who have suffered unspeakable harm: bereaved parents who lost children; bereaved children who lost parents and suffered bullying; bereaved partners who could not have families or who were advised to abort babies for fear they may have HIV; siblings who were bullied; and siblings who, under the tariff, are currently ruled out because they were over 18. There is so much more.

It is not possible to deal with these cases without understanding each individual’s circumstances and the suffering they endured through so many years. What is needed is a bespoke system that meets individuals’ needs, but that requires far more engagement than is currently happening. The lack of engagement with victims is leading to a lack of understanding about how decisions are reached and how compensation is calculated, fuelling mistrust in the process. Many victims, whether affected or infected, have lost their faith that the full extent of their suffering will be recognised through the compensation scheme. Indeed, some campaigners have concluded that their suffering will not be recognised through the compensation scheme and that they must return to court to get the compensation they deserve.

Those suffering from hep C do not understand why their experiences mean they receive different treatment from those with HIV. That requires urgent explanation. Again, the scale of the suffering needs to be looked at case by case, and there needs to be greater engagement, so that both sides understand the concerns. Why are people with hep C being offered much lower rates of compensation unless they are near death?

Similarly, the additional payments for those experimented on, of £10,000 or £15,000, have been met with widespread derision. My constituent, Mr Lee Moorey, was a pupil at Treloar school. Having read his testimony to the inquiry, I share his sentiments. Will the Minister guarantee that that will be looked at?

We need to remind ourselves of the scale of the scandal and just how many people have died without justice. All along, people have had to fight to get justice, but they will only believe in justice if they have faith in the process. That requires the decisions to be made about them to be made with them. We have to restore their faith in the process. I understand that Sir Brian Langstaff has kept his inquiry open so that he can keep a watching brief. It would be a shame if the Chancellor, the Paymaster General or even the Prime Minister found themselves summoned before him.

Finally, my right hon. Friend promised that there will be a full debate in Government time on the scandal. When will that take place?