Contaminated Blood and Blood Products

Martyn Day Excerpts

Thursday 24th November 2016 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I am grateful for the opportunity to participate in this important debate. Let me start by thanking the Backbench Business Committee for scheduling today’s debate and the hon. Members responsible for tabling the motion. I especially thank the hon. Member for Kingston upon Hull North (Diana Johnson) for leading the debate and for her work on the all-party group. She summarised the situation clearly and forcefully, and I am particularly grateful to her for outlining the risk of private operators administering the scheme. That concern has been raised by several hon. Members on both sides of the House.

Another recurring theme in the debate has been justice and the question of how much was known about the contamination at the time—that question has been asked, so it deserves an answer. Without any doubt, this subject is one of the most terrible chapters in the history of our NHS. It is truly horrific and has had an impact upon tens of thousands of people and their families. In some cases, their experience has been ongoing for more than 40 years. Many people have already died or been left suffering long-term disability and hardship as a result of infections. Relatives have had to sacrifice their careers to provide care and support. In some cases, partners and loved ones have become infected. Indeed, I received an email from a surviving victim of contaminated blood whose partner subsequently became infected and died. Patients, families and carers have had to deal with such difficulties with immense and enduring courage, and I wonder how many have found the strength—physically, emotionally and, indeed, financially.

That brings me on to the proposed changes to the current ex-gratia payments. As my hon. Friend the Member for Glasgow South West (Chris Stephens) illustrated, the proposed new scheme in Scotland will lead to an increase in annual payments for those with HIV and advanced hepatitis C from the current £15,000 to £27,000 per year. That amount is set at a level that reflects average earnings. That point is important as this is not about poverty; it is about a decent standard of living. The payments for those co-infected with HIV and hepatitis C will increase from £30,000 to £37,000 per year, and that amount reflects their additional health needs. When a recipient dies, their partner will continue to receive 75% of the previous annual entitlement. That, too, is important, given how many have had to give up their own careers to look after loved ones. Those infected with chronic hepatitis C will receive a £50,000 lump sum payment, which gives an additional £30,000 to those who have already received the lower payment.

The Scottish discretionary support scheme is set to see its funding more than treble. It will have an independent appeals mechanism, and there is a general guarantee that no individual will be worse off than at present. To simplify the situation so that those affected will no longer have to apply to more than one body for funding, the Scottish Government aim to deliver this scheme through a single body. Full governance arrangements are still to be detailed for this new organisation, but it is likely to be administered by National Services Scotland. It is also worth remembering that the Scottish Government are committed to reviewing the distinction between stage 1 and stage 2 hepatitis C.

There are clear differences between what is proposed for Scotland and the system elsewhere, with many viewing the Scottish scheme as comparatively more generous. That said, it is not without its detractors, particularly those with lesser health impacts who will not receive the more generous payments proposed. It is therefore important that we continue to listen to the views of beneficiaries as we design and implement the new Scottish scheme, so evidence-based reviews of the payment criteria will be carried out. In Scotland, we want to improve the scheme for everyone, but we must give greater priority to those in most severe need.

We have already heard of many tragic individual cases from throughout the UK, but I will spare hon. Members further heart-wrenching examples of cases of which I have received details. Instead I shall focus on some of the questions that have been raised with me by victims and their support groups; I hope that the Minister can assist with some answers. The first relates to the compensation schemes and the fact that there are currently five different organisations funded by UK Health Departments, including the three devolved health authorities. That means that using the existing schemes to make the new Scottish payments requires the agreement of all four nations of the UK. There must also be agreement from the boards of the UK-wide schemes. Currently, only Scotland is signed up. There will be a Scotland-wide payment system, but the timing will depend on the UK Government, Her Majesty’s Revenue and Customs and the Department of Health. I therefore ask that the UK Government do not stand in the way of the Scottish payments.

That brings me to my second ask, which echoes one made by my hon. Friend the Member for Glasgow South West: Westminster must pass tax orders so that none of the payments are liable for tax—that must happen whichever mechanism is used to make the new payments. Thirdly, what more can be done about cross-border infections? The current schemes are based on where the individual was infected, rather than their residency, which means that the English schemes apply to some Scottish residents and the new Scottish scheme will apply to others resident in England. That issue compounds the next point I wish to make: hepatitis C sufferers are acutely aware of the cold, and during the winter their heating bills go through the roof. If they cannot afford to heat their home, they are at greater risk of death through complications due to illness such as flu or colds. There is therefore a clear need for the winter fuel allowance, so perhaps Ministers can advise us on their rationale for wanting to remove it.

It has been suggested to me by the Scottish Infected Blood Forum that the liver damage test is outdated and we should look at the impact the condition has on the whole body. The problem may be amplified among those who have made positive lifestyle choices such as abstaining from alcohol, as their liver may appear to be less affected. Finally, people want some certainty about future funding, so what support will continue after the current spending review period?

I always try to be positive and to look forward to the future, but given the age of many victims and their medical complications, people are dying every week—there are fewer of them every year. Thousands have already died and for them this is all too little, too late. It is difficult to be positive in the circumstances, but I am grateful to have had the opportunity to take part in today’s excellent and generally consensual debate.