Infected Blood

Debate between Lord Collins of Highbury and Baroness Brinton

Tuesday 21st May 2024 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the noble Earl, Lord Howe, for repeating both Statements. The infected blood scandal is, of course, one of the gravest injustices in our history and a profound moment of shame for the British state. Yesterday, Keir Starmer, leader of the Opposition, apologised on behalf of the Labour Governments of the past. The Prime Minister did the same on behalf of all Governments and the country.

The scale of the horror uncovered by Sir Brian Langstaff’s report almost defies belief. As well as the apology, I repeat Keir Starmer’s commitment

“to shine a harsh light upon the lessons that must be learned to make sure that nothing like this ever happens again”.—[Official Report, Commons, 20/5/24; col. 668.]

The institutional defensiveness identified by Sir Brian is a pattern of behaviour that we must address. We must restore the sense that this country is a country that can rectify injustice, particularly when carried out by institutions of the state.

I am sure that all noble Lords join me in paying tribute to the victims and campaigners who have fought so hard on this issue, including Dame Diana Johnson and Peter Bottomley, and to Sir Brian Langstaff and his team for all the work that they have done on the independent inquiry into this scandal. The publication of Sir Brian’s final report is an incredibly important moment for the victims of this injustice. Keir Starmer said yesterday that his

“experience of running a public service has made”

him

“less interested in political partisanship and more focused on getting things done”.

My right honourable friend Nick Thomas-Symonds said earlier in the other place:

“One of the most powerful conclusions in this report is that an apology is meaningful only if it is accompanied by action”,


as the noble Earl said. I repeat my right honourable friend’s commitment for us

“to work on a cross-party basis”

to

“help deliver the compensation scheme and get the … money to victims as soon as possible”.

We welcome the further details in Minister John Glen’s Statement, and the appointment of an interim chair, Sir Robert Francis. The Minister’s response, that Sir Robert and the expert panel will also focus on hearing the voice of victims going forward, is crucial. We welcome the payment under the five heads of loss to infected and affected persons, and the Minister’s confirmation that there is no budget restriction. Time is of the essence, with one victim dying every four days. I therefore welcome the Minister’s comments that there will be work throughout June on tracing additional claimants.

The Minister confirmed that the Commons will have the opportunity to debate and consider progress on Sir Brian Langstaff’s other 11 recommendations beyond compensation, including, as the noble Earl said, consideration of appropriate and fitting memorials, which—I add—we strongly support.

On potential criminal charges, I hope the Minister will be able to confirm that all relevant evidence will be available for consideration by the prosecuting authorities and that any other necessary support will be provided.

As I said in my opening remarks, the institutional defensiveness identified by Sir Brian is a pattern of behaviour we must address. We must deliver a duty of candour and the political leadership to replace that culture of defensiveness with openness and transparency. I hope the Minister will be able to confirm that this House will be given the same opportunity to debate these issues as was given to the other place.

[Baroness Brinton (LD)]

My Lords, from these Benches, we echo the apologies made by both the Government and the Labour Benches. We are truly sorry for what has happened. We pay tribute to everyone in the infected blood community. I particularly want to thank those watching us, whether in the Public Gallery here or online. Talking to people at Central Hall yesterday, I discovered that a number of people have watched every single time this House has debated infected blood. We may not see them, but they see us.

From these Benches, we also pay tribute to Sir Brian and his team for a truly remarkable seven-volume report which speaks truth to power for the infected blood community, and we pay tribute to the parliamentarians in both Houses who have fought for justice over the decades, including Dame Diana Johnson, who currently leads them. We also pay tribute to the many charities and organisations who have worked with the IB community, be they infected or affected.

From these Benches, we will continue to hold government to account until everything is resolved. Having said that, we certainly welcome both Statements. We echo the points made from the Labour Front Bench: we believe that there are issues relating to criminal charges for corporate manslaughter and other possible crimes, so can the Minister say whether Sir Brian’s report is being forwarded to the police and the DPP for consideration?

There is one person who is not in her place today, the noble Baroness, Lady Campbell of Surbiton. She was exhausted by yesterday. She is one of the affected people in this House—but not the only one. She told me that she welcomes the government apology; her sorrow is that it took decades of personal hardship and relentless campaigning to arrive. She is delighted by the appointment of Sir Robert Francis KC, as are we; he is someone in whom the IB community has considerable trust. Finally, she said that she wants to listen hard to the community responses over the coming weeks to the events of yesterday and today in respect of the compensation intentions. Everyone will need time to process the inquiry’s findings. She and many others are completely exhausted, and that is why she is unable to be with us tonight.

Today’s compensation Statement sets out much welcome detail. As the Minister knows, from these Benches we welcome the establishment of the arm’s-length IB compensation authority, the announcement that Sir Robert Francis is the interim chair and the clarity about who is eligible, especially the inclusion of those affected, not just infected. We also welcome the different categories of tariff. Ministers have heard repeatedly in both Houses that it is vital to recognise how people’s lives have been affected in so many ways.

However, the Statement also raises some questions that are not quite so clear. First, have the Government understood that people with lived experience of infected blood must be represented at all levels on the IBCA, including the board? Both Statements were silent on that, so I wonder what guidance Ministers will give Sir Robert on involving people with lived experience.

Secondly, the Statement confirms that anyone already registered with one of the existing support schemes will automatically be considered for compensation under the new scheme. But what about those we have discussed repeatedly in debates on the Victims and Prisoners Bill: those who are known about but whose claims have not yet been recognised and therefore are not registered? The Statement yesterday talked about documents going missing and even being destroyed. I have heard today from a victim who says that her claims, made over five years ago, are stuck because the NHS has lost two or three key pages from her records, so she cannot move forward. Can the Minister say what will happen to cases such as hers? She asked, “How can we fight a machine that is still protecting itself?”

There is a second group of people who are harder to reach, as they have not yet been identified; they may have only just become aware that they are infected with hepatitis. What arrangements will there be for them? Not only are they outside the timetable for the main compensation scheme, given what the Minister said, but they appear not to be referred to under the interim scheme arrangements as announced. What is the timescale for each of those two groups? The Minister knows about them, because we have talked about them before, so it is no surprise to him that they remain concerned about their position.

It is also good to see that those receiving compensation will be disregarded from means-tested benefits assessments, but I return to my old question: can the Minister confirm that there will be no clawing back of past benefits as new compensation payments are made? That was not at all clear in the Statement.

The Statement outlines support schemes especially for widows and how they will fit into the new scheme. I thank the Minister for making sure that they will not lose out. We look forward to seeing the details of the scheme.

Finally, the increase in the interim scheme payments of a further £200,000 is welcome. As with the main scheme, what are the proposals and timescales for ensuring that those not yet registered will get speedy support, registration and payments? That is not mentioned, either, in the timetable.

Sir Brian’s report is a wake-up call to government, including the Civil Service, the NHS and the Department of Health and Social Care, and to Parliament. We must give thanks to all who have relentlessly spoken up from the community, the press and the media and in Parliament; but for them, we would not be here today. Only through fulfilling Sir Brian’s recommendations —all of them—will there be vindication for the victims and corporate and state changes in culture in the future. We must all ensure that we never have to face a scandal like this again.