Contaminated Blood Scandal: Interim Payments for Victims

Debate between Michael Ellis and Fleur Anderson

Tuesday 19th July 2022 Commons Chamber

[Michael Ellis]

The whole matter is still being considered. There are 19 recommendations, and my officials are working hard across Whitehall on the matter. It is unfair and inaccurate to characterise this as having made no progress over the years. Of course it made no progress, or hardly any progress, for many, many years after the infected blood scandal began. Since my right hon. Friend the Member for Maidenhead began the inquiry, considerable progress has been made and is being made.

[Fleur Anderson (Putney) (Lab)]

I thank Mr Speaker for granting this urgent question.

I start by paying tribute to my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) for securing this urgent question and for her years of campaigning on behalf of the victims of this horrendous scandal. These excuses just do not wash. Where there is a political will, as we saw at the beginning of covid, the Government can act very fast, but we have seen the opposite of haste on this issue.

For too long, the contaminated blood community has been failed by Government and ignored by those who let their demands fall on deaf ears. Tragically, as a result of this delay, many members of the infected blood community will not live to see the outcome of this inquiry. The longer it goes on, the fewer victims will be around to see justice done. Is that what the Treasury wants to happen?

Justice delayed is justice denied, but this Government continue to hide behind more and more reviews. The Paymaster General, as he just said, received Sir Robert Francis’s report on the compensation framework study four months ago and pledged to respond in due course, but what work is currently under way to respond to the report’s 19 recommendations? How many meetings have been held? What is concretely being done?

With one person dying every four days as a result of infected blood, how does the Paymaster General justify his Department’s slow response? The deadline for the response will now fall after the House enters its summer recess, but what is to stop him publishing his response early so that Parliament has the chance to scrutinise and debate the outcome? Does he agree with Sir Robert that there is a moral case for compensating victims and for getting on with it earlier? This inquiry also seeks to investigate why warnings about the safety of blood products may have been ignored, and why plans to make the UK self-sufficient in blood products were scrapped. What is the Paymaster General’s assessment of these issues?

I pay tribute to the courage, resilience and determination of the survivors of the contaminated blood scandal, and their families, who have stayed in this fight for too long. It is time for answers.

[Michael Ellis]

My officials are working hard on this matter with the Department of Health and Social Care and across Whitehall. There are 19 recommendations, and we had Sir Robert Francis’s very detailed and forensic evidence only last week. The matter is being given the fullest, speediest and most expeditious consideration, and I ask the hon. Lady to bear in mind that officials across Whitehall feel just as passionately as I do, and as the House does, about getting this right and doing the right thing for all those infected and affected.

Independent Adviser on Ministers’ Interests Resignation

Debate between Michael Ellis and Fleur Anderson

Thursday 16th June 2022 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the resignation of the Independent Adviser on Ministers’ Interests.

[The Minister for the Cabinet Office and Paymaster General (Michael Ellis)]

Let me start by thanking Lord Geidt for his work as Independent Adviser on Ministers’ Interests and, indeed, for his years of public service before he took up that role. I hold him in the highest regard. He has been honoured multiple times and is, of course, an example of excellence and service in public life. I thank all Members for their work in respect of this matter, but I think all Members of this House will recognise that Lord Geidt has demonstrated diligence and thoughtfulness in the way he has discharged his role over the past year. We have benefited hugely from his service.

The Prime Minister will be issuing a letter in relation to Lord Geidt’s announcement. Both Lord Geidt’s letter and the Prime Minister’s reply will be deposited in the House shortly—as soon as my office has those letters, Mr Speaker, they will be placed in the Library. The Government are of course particularly disappointed that Lord Geidt has taken this decision, because only very recently—as the House knows from the debate last week—significant changes were made to the role and status of Independent Adviser on Ministers’ Interests. As I set out to the House last week, the changes represent the most substantial strengthening of the role, office and remit of independent adviser since the post was created in 2006.

Let me set out briefly the reforms to the role that the Prime Minister has introduced. First, the independent adviser has a new ability, which Lord Geidt and his predecessors did not previously have, to initiate investigations in relation to allegations where there has been a breach of the “Ministerial Code”. This is a significant change. Previously, as the House knows, as an adviser, he and his predecessors were not permitted to do this. The adviser will still need the consent of the Prime Minister of the day to start an investigation, but, as I made it very clear last week, this consent will normally be given.

The “Ministerial Code” now includes new detail on proportionate sanctions for a breach of the code. Previously, there was no proportionality in those sanctions, and even the smallest of technical breaches by a Minister in place might have resulted in an enforced resignation. Now there is a proportionate range of options, and that was exactly as recommended by the Committee on Standards in Public Life.

In future, the independent adviser will be consulted about the revisions to the code, as recommended by the Committee on Standards in Public Life. The “Ministerial Code” now includes more specific references to the role of the independent adviser and more specific references to the duty on Ministers to provide the independent adviser with all information reasonably necessary for the discharge of the role.

In conclusion, as Lord Geidt himself has made clear, the new arrangements are workable, and he noted the increased transparency that they bring. The Government will of course now move to make new arrangements and we look forward to working within the strengthened system that I have described.

Oral Answers to Questions

Debate between Michael Ellis and Fleur Anderson

Thursday 31st March 2022 Commons Chamber

[Michael Ellis]

What the Government are doing is following the statutory provisions of the Inquiries Act 2005, which, as the hon. Lady will recall, was passed by a Labour Government. The Act says that it is up to the inquiry chair, in this case Baroness Heather Hallett. She is a leading figure and is dealing with the matter, and it will be for her to determine dates.

[Fleur Anderson (Putney) (Lab)]

I spoke to some of the bereaved families at the memorial march this week, and they are furious and devastated that the public hearings of the covid inquiry will not be starting in the spring, as promised; instead, it looks as though it will be spring next year. This inquiry cannot be compromised any further, so have the Government learned the lessons from the deletion of the WhatsApp messages, which would no doubt have been crucial evidence in this inquiry, and will they ensure that any pandemic-related messages from Ministers and former Ministers in WhatsApp or private email accounts are passed over and safely stored to prevent further unfortunate losses of evidence?

[Michael Ellis]

I do not accept the contention that there has been any loss of evidence. Baroness Hallett has confirmed that her investigation will begin once the terms of reference are finalised. It is logical that evidence has to be gathered before it can be heard, and she has said that she intends to gather evidence throughout this year, with public hearings beginning in 2023. She has made it clear that she will do everything in her power to deliver recommendations as soon as possible. We all want that.

Oral Answers to Questions

Debate between Michael Ellis and Fleur Anderson

Thursday 13th January 2022 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

It would seem to be quite a hard life being a Prime Minister at the moment. In WhatsApp messages to Lord Brownlow that surfaced last week, the Prime Minister described his No. 11 flat as a “bit of a tip” that is desperately in need of a lick of paint, some gold wallpaper and the offices of a leading fashion designer. In return for expediting this, the Prime Minister assured Lord Brownlow that he would take a look at his idea for a great exhibition festival. So we have a new term in British politics: wallpaper for access. Can the Minister give a serious explanation as to why this exchange with Lord Brownlow was not passed on to the independent adviser on ministerial interests but was passed on to the Electoral Commission for its investigation? Out of interest, does he have the Prime Minister’s new number?

[Michael Ellis]

As set out in the letter, Lord Geidt has not changed his assessment that no conflict of interest arose from the support provided by Lord Brownlow. The Prime Minister correctly declared an interest, as required under the ministerial code, and Lord Geidt now considers the matter closed.

Downing Street Christmas Parties Investigation

Debate between Michael Ellis and Fleur Anderson

Thursday 9th December 2021 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the details of the investigation into Downing Street Christmas parties.

[The Paymaster General (Michael Ellis)]

As the Prime Minister said to the House yesterday, he understands and shares the anger up and down the country, as do I, at seeing No. 10 staff seeming to make light of lockdown measures. I join the Prime Minister in apologising unreservedly for the offence that it has caused to people who have been through what everyone in this House knows is immeasurable pain and hardship as a result of this appalling pandemic. The Prime Minister has been repeatedly assured since these allegations emerged that there was no party and that no covid rules were broken. However, the Government also recognise the public anxiety about this and the public indignation—and I share that—in the sense of where it appears as though the people who have been setting the rules may not have been following the rules.

As the Prime Minister confirmed to the House yesterday, he has asked the Cabinet Secretary to investigate the facts, and I would like to update the House now, if I may, on the details of this investigation. The terms of reference for the investigation are being published, and I will lay a copy in the Library of the House later today. I can confirm to the House that the Cabinet Secretary’s investigation will establish the facts surrounding the allegations made of a gathering at No. 10 Downing Street on 27 November 2020, a gathering at the Department for Education on 10 December 2020 and allegations made of a gathering at No. 10 Downing Street on 18 December 2020.

The primary purpose of the Cabinet Secretary’s investigation will be to establish swiftly a general understanding of the nature of the gatherings, including attendance, the setting and the purpose, with reference to adherence to the guidance in place at the time. If required, the investigation will establish whether individual disciplinary action is warranted. The work will be undertaken by officials in the Cabinet Office at the direction of the Cabinet Secretary, with support from the Government Legal Department. Those officials will have access to all relevant records and be able to speak to members of staff.

As with all internal investigations, if during the course of the work any evidence emerges of behaviour that is potentially a criminal offence, the matter will be referred to the police and the Cabinet Office’s work may be paused. I must emphasise that the matters relating to adherence to the law are properly for the police to investigate, and the Cabinet Office will liaise with the police, as appropriate. All Ministers, special advisers and civil servants will be expected to co-operate with this investigation.

Finally, I can confirm that, as I have said, the findings of the investigation will be provided to the House and made public. Following the long-standing practice of successive Administrations, any specific HR action against individuals will remain confidential.

--- Later in debate ---

[Fleur Anderson]

Thank you, Mr Speaker, and I thank you, too, for granting this urgent question today. I also thank the Paymaster General for his statement and for giving more information about this investigation.

Trust is vital during a pandemic—trust in the decisions being made and, most importantly, trust in the people making those decisions and the judgment about them. My constituent Sophie wrote to me yesterday to say:

“My mother died of Covid on Christmas Day last year—she was alone and frightened in an isolation room in hospital on 18 December while the alleged party was happening. She was admitted to hospital for a non-Covid related issue and contracted the disease whilst in there. Both of us had followed the rules and it breaks my heart that I was only able to see her a handful of times last year, and couldn’t be with her in her final moments.”

She is angry; people across the country are angry.

I welcome the Prime Minister’s announcement that he has asked the Cabinet Secretary to conduct an investigation. I have asked for this urgent question as there are further urgent questions to be asked about the investigation into the parties—we do not need to call them alleged parties; they were parties—held in a Government Department or by Government Ministers elsewhere. Are there more parties that we need to hear about? Is this investigation just a way of being able to say, “We’re doing something” while pushing it into the long grass, or is it a serious investigation?

The Prime Minster said yesterday:

“I have been repeatedly assured…that there was no party and that no covid rules were broken…But I have asked the Cabinet Secretary to establish all the facts.”—[Official Report, 8 December 2021; Vol. 705, c. 372.]

Who gave these repeated assurances? If there was no party, why did Allegra Stratton feel the need to resign? Is she taking the fall instead of Government Ministers? If this investigation finds that the Prime Minister has misled the House, will he resign?

I look forward to the publication of the terms of reference for the investigation later today. Will it include all the parties—not just the three but any others that were held? Who went to these parties? Can the Minister confirm that the Cabinet Secretary and the remainder of the legal team that has just been referenced did not go to any of the parties and so are able to conduct the investigation without personal interest? If they happened, who colluded for a year in the cover-up of these parties? When is the deadline for the investigation? How will the outcomes be made public? Is there any limit on the sanctions that will be given to people found to have been in the wrong?

I welcome the assurance from the Paymaster General that the matter will be referred to the police if there is a case to answer. We on the Opposition Benches will be following what happens very closely.

Finally, will the Government just be straight with the British people?

[Michael Ellis]

May I first say that my heart goes out to the hon. Lady’s constituent and the many thousands of other people who have lost loved ones as a result of this pandemic?

As I said in my opening remarks, the investigation will be conducted by the Cabinet Secretary. I know that the hon. Lady and those on the Benches behind her as well as everyone in this House has confidence in the independence and integrity of our civil service; the Cabinet Secretary heads the civil service and he is conducting this investigation. How long it lasts will be a matter for him, and the matter will, if it discloses criminality, be reported to the Metropolitan police for further investigation. In previous ministerial roles as a Law Officer—Solicitor General and Attorney General—I superintended the Government Legal Department, another organisation which of course has integrity and the confidence of all; it will be supporting the investigation. All those who are questioned by the investigation—civil servants, special advisers, Ministers—will be expected to co-operate with it. I hope that answers the hon. Lady’s questions.

Oral Answers to Questions

Debate between Michael Ellis and Fleur Anderson

Thursday 25th November 2021 Commons Chamber

[Michael Ellis]

The hon. Gentleman will be aware that the National Audit Office noted that it

“found that the ministers had properly declared their interests, and…found no evidence of their involvement in procurement decisions or contract management.”

No PPE contracts were awarded by reason of who referred them. Clearly, in a national emergency, it is right that we as a nation can procure at speed. That ability has been critical in providing the emergency response that was needed. Those mechanisms predate the pandemic; they were not created for the pandemic. The public are right to demand that we spend our money with car—and, unlike Labour Governments, we do that. Proposals in the Green Paper on reforming public procurement aim to improve transparency, and we will continue to do that.

[Fleur Anderson (Putney) (Lab)]

Transparency International’s report identified 73 covid contracts that raised red flags for corruption. Last week, after 18 months of deflection and secrecy, the list of the companies awarded contracts through the VIP lane was finally revealed. We can see now why it was kept secret.

It is curious that, of the recommendations from politicians to that list, only the recommendations of Conservatives—no other political party—were successful. Of the 47 companies awarded contracts worth £4.7 billion, 18—more than a third—were referred by Tory MPs, Ministers or peers. Can the Minister confirm that anti-fraud and conflict of interest checks really did take place for all the contracts in the VIP lane? If there were another emergency tomorrow, would the system still be jobs for mates, or is a new and better one ready?

[Michael Ellis]

Of course, the hon. Lady is conveniently forgetting that Labour Members of Parliament also recommended individuals and companies as far as PPE is concerned, and there is nothing wrong with that. There was a national emergency at the time, and everyone was asked to assist, and if they knew someone who might have been able to assist in supplying personal protective equipment, they were invited to say so. Not only is there nothing wrong with that, but it was a public service to do so. The National Audit Office has already looked at this, and it has said there was no evidence of involvement in procurement decisions or contract management.

I realise there is a political wish on the part of the Labour party to try to make something of this, but actually this is a matter of public service. It is right that proper due diligence is carried out on contracts, and that is why the information is available to the public and to the Opposition to have a look at Government contracts. That has always happened, and it will continue to happen. The Government take these checks extremely seriously, and we are being extremely transparent, but it is also absolutely essential that, in an emergency, we can procure at speed.