Contaminated Blood and Blood Products

Marcus Jones Excerpts

Thursday 14th October 2010 Commons Chamber

[Mr Slaughter]

I think that this debate does do that, and I am grateful for this opportunity to increase my own knowledge. However, I think that we need to move on to some very specific recommendations because, as the mover of the motion eloquently said, this is a time for action more than contemplation. That is exactly what Mr March did when he brought the judicial review in April, and the matter has been just been clarified, as my hon. Friend the Member for Foyle (Mark Durkan) described, in relation to the mistake that the previous Government made on the situation in Ireland. That was the error made by that Government. That was the finding of the judicial review, and it is what the Government are responding to today.

I shall not read from the judicial review, other than to quote its final paragraphs, because they again relate to Mr March. The learned judge, Mr Justice Holman, said that counsel for the claimant

“paid a warm but measured tribute to…Andrew March, ‘for his tenacity and balance in the asking of questions and soliciting of information, and not taking no for an answer when the reasons are not good ones.’ My impression is that that tribute is justified and well judged, and that the many other people interested in this cause owe gratitude to Mr March for his tenacity or persistence.”

I say again that Mr March has done that for many years, suffering as he did not only from his original medical condition but from the effects of the contamination.

Taintedblood, an organisation that has done a lot of excellent work in briefing us all and preparing us for this debate, states:

“The Under-Secretary of State for Health”—

the hon. Member for Guildford (Anne Milton)—

“recently held a series of meetings with campaigners, the Haemophilia Society, the Macfarlane and Eileen Trusts, the Skipton Fund and others. In those meetings she demonstrated a new willingness by Government to face up to and deal with what has happened to the Haemophilia Community.”

Those organisations must be very disappointed today by the amendment that the Government attempted to move and by the written ministerial statement.

I welcome what is said in the terms of reference about hepatitis C, as has been mentioned. I want to clarify whether the Minister is offering full parity for hepatitis C sufferers with what AIDS sufferers experience, including the £12,800 per annum payments, and that that will be susceptible to the review.

[Mr Marcus Jones (Nuneaton) (Con)]

The constituent whom the hon. Gentleman mentioned is the son of one of my constituents in Nuneaton. I want to mention the families of those affected by this disaster, because they have also had to bear a real burden in supporting people such as Mr March over the years. Does the hon. Gentleman welcome the terms of reference that the Minister announced in her statement about supporting the families who have had to bear that burden?

[Mr Slaughter]

No, I definitely do not. I ask the Minister to clarify—if not now, when she makes her speech—whether the terms of reference will allow hepatitis C sufferers to be treated at least as HIV/AIDS sufferers are under the current scheme. I hope that she will do that. However, all that could have been done today. The limited amount that is offered in the review could quite easily have been announced today. If there had to be a review, I should have liked it to have been along the terms of Lord Morris’s Bill, which considered all the remaining provisions of the Archer inquiry and said specifically—this is the contentious part:

“When making the regulations the Secretary of State shall have regard to any comparable compensation schemes offered in other countries.”

The noble Lord’s Bill was a good Bill, but I would say—this is the only criticism that I would make of my hon. Friend the Member for Coventry North West—that I think today’s motion goes a little too far. It calls specifically for parity with the scheme in Ireland. I do not think that it gives the Government sufficient room. I would ask the Government—this is the commitment that I would look for today—to widen the terms of the review and to reconsider all the matters that Lord Archer raised, including compensation. Even if the conclusion is that parity is unlikely with Ireland, where the situation is different even given the judicial review—that was suggested in the opening speeches—in the current financial climate we need to look at the levels of compensation that are paid.

I also think that the motion, while criticising previous Governments, could at least have acknowledged that the previous Government responded to the Archer review by making regular annual payments at a higher level, although I understand that my constituent and many others regard that as inadequate. I regard it as inadequate. We are looking, I think, for something between the two. The unfortunate thing about the Government response today is that it cuts off that option. The amendment and the ministerial statement do not allow the option of considering more generous compensation in the light of Lord Archer’s proposals. That is why I would have voted against the amendment and that is why I think it is wrong for the Government to have given false hope to sufferers and to have dashed that hope with their announcement today.