Infected Blood Compensation Scheme

Mark Francois Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Nick Thomas-Symonds]

If I understand the hon. Gentleman’s intervention correctly, he is talking about the different organisations that already exist. We will consider all the recommendations in the round, but he is absolutely right to highlight the hugely important role of those organisations. The Infected Blood Compensation Authority will look to work with the different support organisations. That is vital.

The scheme is based on the recommendations and principles put forward by the inquiry. In line with those, and supported by advice from the inquiry response expert group, it was updated following the engagement exercise that Sir Robert Francis KC undertook in June with victims and representatives of the infected blood community. The Government have sought to design a fair and comprehensive compensation scheme, which will also be quick and simple for eligible applicants to access.

I turn first to eligibility. The scheme and the regulations define people who are eligible as infected people, in line with recommendation 2 of the inquiry’s second interim report. That covers people infected with HIV, hepatitis C and hepatitis B, and it includes people directly infected by treatment with blood as well as people indirectly infected via transmission from a directly infected person.

Secondly, the regulations establish a core route for claiming compensation as an infected person. The core route provides for compensation to be awarded under five categories or heads of loss, as set out in recommendation 6 of the inquiry’s report: an injury impact award, a social impact award, a care award, a financial loss award and an autonomy award. Together, they will comprise the total compensation award to infected individuals, or to the estate of any deceased infected individuals, to recognise the wide-ranging harm resulting from their infection.

Earlier this year, the Victims and Prisoners Act 2024 established the Infected Blood Compensation Authority in law to deliver the scheme. I am proud to have campaigned with many Members across the House to have delivered that change in legislation; I pay tribute to the right hon. Member for Salisbury (John Glen) for his role. I am proud that this Government are now delivering on that commitment.

The regulations before the House will provide the Infected Blood Compensation Authority with the legal powers that it needs to begin making payments. They also provide further detail on how it will accept applications and pay awards. The authority, under the chairmanship of Sir Robert Francis, has been working hard to design and implement effective, simple and secure processes that put the infected blood community at the heart of its work.

Last week, the Infected Blood Compensation Authority reached out to the very first claimants under the scheme. The authority is taking a test-and-learn approach that will ensure that it can take feedback on board and improve the service before it opens its full compensation service. I hope that that step provides confidence that we are absolutely committed to driving forward progress to meet our shared intention of beginning payments by the end of this year, as I have previously said to the House. I will do everything in my power to ensure that all those who are entitled to compensation receive it as soon as possible.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I am grateful to the Minister for giving way. I commend him for the way in which he is handling this very sensitive matter; he has got the tone just right. On behalf of a constituent, Mr A, who was infected by being born of a mother who was infected, I have corresponded with Sir Robert Francis KC. If my constituent were here, he would be keen to know that the compensation scheme will cover people in his circumstances, both for their physical and mental distress. For the avoidance of doubt, could the Minister please confirm that those people will be covered by the scheme as well?

[Nick Thomas-Symonds]

Yes. First of all, and I am sure I speak for everyone in the House, I express my sympathies to the right hon. Gentleman’s constituent and his family. The right hon. Gentleman is entirely right to raise the case directly with Sir Robert Francis. I urge Members across the House to look up the details of the Infected Blood Compensation Authority on the gov.uk website and point their constituents in that direction—the authority is already setting out newsletters—and to do as the right hon. Gentleman has done and write directly to the authority. On the basis of being infected through transmission from his mother, his constituent clearly fits the category of an infected person under the scheme. He is precisely the kind of person the scheme is designed to help. The right hon. Gentleman is right to raise the case on the Floor of the House today in this debate.

--- Later in debate ---

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I am conscious of your warning about the sub judice rules, Madam Deputy Speaker, as there is ongoing litigation on this issue, but I hope and believe that nothing I say in my brief contribution will in any way overshadow the prerogative of the courts.

This has gone on for far, far too many years. I have dealt with two constituents in particular, both of whom came to my constituency surgery to explain to me as their Member of Parliament what they had gone through and how it had affected them—and it clearly had, in both cases. I hope the House will forgive me if I judge that it is not right to go through their cases in detail, but they were both extremely polite and eminently reasonable in what they were asking for, and both were deeply frustrated by how long the process had taken. I will send them both a copy of the Government’s regulations and, because they are rather complicated, a copy of the explanatory notes, which I hope they will find to be of as much use as I have. As result of this afternoon’s proceedings, I hope not just that they will be able to achieve some financial redress, to which I am certain they are absolutely morally entitled, but that they will be able to achieve some peace of mind, because it is very clear to me that both those people’s lives have been materially affected by the issue. One of them said to me, “It’s not about the money. I just want to be able to bring this to a close.” I hope that the House will understand that sentiment. If hon. Members had heard it in the way I heard it face to face, I am sure they would have been as convinced as I was.

I want to say a few brief thank yous, because, as we all know, this has been a very long and complex journey—not just for those who were affected by the scandal, but for those who have had to deal with the consequences many years later. This was not the national health service’s finest hour, and it took a great deal of campaigning by many people to get the system to put its hand up and admit that something had gone wrong—in fact, dreadfully wrong. Had it not been for the persistence of some of those individuals, we would not be having this debate this afternoon.

However, someone had to deal with the consequences. I pay tribute to two brilliant public servants: Sir Brian Langstaff and Sir Robert Francis—there were others—who have both, in their own way, had to attempt to exercise what one might call the judgment of Solomon in dealing with this extremely detailed and complex issue. They have both done their country a service.

I also commend my right hon. Friend the Member for Salisbury (John Glen) and the former right honourable Member for Horsham, who is no longer a Member of the House. When they were in government, they both attempted to deal with this very complex issue. Having had some private conversations with the former right honourable Member for Horsham, with whom I served on the Defence Committee in the previous Parliament, I know that this matter preyed on his mind and that he really tried to do his best.

My last thank you goes to the current Paymaster General, who is clearly trying to achieve a resolution as speedily as possible and who has dealt with this issue in a very empathetic manner this afternoon. I speak for two constituents, but I am sure that we all have constituents who have been affected by the scandal, and many people across the country will be grateful for the way in which he is evidently attempting to handle it. I wish him godspeed in all his endeavours. This went on for too long and affected too many people but, hopefully, at last, we can collectively begin to put this right and give those people not just redress, but some sort of peace of mind.

[Madam Deputy Speaker]

I know that a few Members who were not here for the opening speeches have just turned up. If they can make their way to the Chair, I can have a conversation with them about contributing to the debate.