Infected Blood Compensation Scheme

Debate between Nick Thomas-Symonds and John Glen

Tuesday 21st May 2024 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

The infected blood scandal is one the gravest injustices in our history, and a profound moment of shame for the British state. Yesterday, the Leader of the Opposition apologised on behalf of Labour Governments of the past, and the Prime Minister did the same on behalf of all Governments and the country. I join them today in saying a deep and heartfelt sorry.

The scale of the horror that was uncovered by Sir Brian Langstaff’s report almost defies belief. That is why I pay tribute to the victims of this scandal, who fought so hard for justice. We thank the charities, and the remarkable campaigning work of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), as well as the Father of the House, and the journalist Caroline Wheeler, whose work and book, “Death in the Blood”, did so much to drive this issue forward. I also recognise the significance of the decision made by the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), in establishing the public inquiry. I thank Sir Brian Langstaff and all his staff for their forensic work. I also thank the Minister for regularly briefing me, and for his work in government ahead of today.

One of the most powerful conclusions in this report is that an apology is meaningful only if it is accompanied by action, and it is that I turn to now. I welcome the further interim payments that the Minister has announced, and I repeat our commitment to work on a cross-party basis, and help to deliver the compensation scheme and get the final money to victims as soon as possible.

I welcome the further details that the Minister has given, including the appointment of the interim chair. Sir Robert Francis is saying already that he is seeking the views of the infected blood community, and that is welcome, but does the Minister agree that continuing to hear that voice of victims is crucial?

I also welcome payments being made under the five heads of loss to the infected and the affected. Will the Minister confirm that estimates of the total cost have now been made, and that there will be no undue delay in those final payments reaching victims? Time is of the essence: one victim dies every four days. Will the Minister set out more detail about how the personal representatives of estates will be handled as part of the scheme? Will he also confirm that plans are in place to trace additional people who might be eligible for compensation? Will he say a little more about when we can expect a progress report on Sir Brian Langstaff’s other 11 recommendations, beyond the establishment of the compensation body? I add my support, and that of all Labour Members, to the consideration of appropriate and fitting memorials across the different parts of the UK and, as Sir Brian Langstaff recommends, for victims who were treated at Treloar’s.

On potential criminal charges, will the Minister ensure that all relevant evidence is made available for consideration by the prosecuting authorities and any other necessary support provided? Sir Brian Langstaff’s findings on institutional defensiveness, and on putting the reputation of people and protecting institutions above public service, follow on from other scandals such as Hillsborough and Horizon. That is why we must deliver a duty of candour and the political leadership that we need to replace that culture of defensiveness with openness and transparency. Sir Brian Langstaff’s report challenges us all to make progress on his recommendations. That is what we must now come together to do. The victims deserve nothing less.

[John Glen]

I thank the right hon. Gentleman for his collegiate tone and for the constructive approach he has taken throughout our conversations and in his response this afternoon. I totally embrace the need to continue the dialogue with victims. That is why I was pleased that Sir Robert Francis agreed to take on that role, having done the study into compensation. We have obviously met a number of times, and I have explained to him what Jonathan Montgomery and the experts panel did. I am pleased that he has got to a point where he is sufficiently satisfied to move forward in this way.

As the Prime Minister made clear yesterday, there is no restriction on the budget, and where we need to pay we will pay. We will minimise delays and address the recommendations of Sir Brian Langstaff with respect to speed and efficiency, removing as much complexity as possible. The right hon. Gentleman asked about the representatives of different estates and tracing additional claimants. Those will be matters that the interim chief executive and interim chair will look at carefully. I envisage through the month of June an exercise to engage meaningfully with representatives of the communities, to look at some of the assumptions in the work of that expert panel, which will inform the regulations that we are duty bound to bring to the House within three months of the Victims and Prisoners Bill receiving Royal Assent.

Some of the other matters about appropriate memorialisation, criminal charges and duty of candour, on some of which progress is being made in different ways, are probably best left to some of my colleagues at a subsequent point. As I said, I anticipate that we will have an early opportunity to discuss those matters in full, in a debate soon after the Whitsun recess.

Oral Answers to Questions

Debate between Nick Thomas-Symonds and John Glen

Thursday 29th February 2024 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

In his second interim report, of 5 April 2023, Sir Brian Langstaff set out:

“I recommend that a compensation scheme should be set up now and it should begin work this year.”

Now we are into the next year, 2024, and the scheme has not been set up. We have no timetable from the Government on when work will begin. The Minister does not need to wait until 20 May for the final report. Can the Minister tell the victims’ groups, who have waited for so long, whether he has persuaded the Chancellor to include the funding for the scheme in next week’s Budget, and when will the first substantive payments be made?

[John Glen]

I think the right hon. Gentleman will understand that I cannot pre-announce aspects of the Budget, but his general point about urgency is one that I hear, as I said to him when I met him before the February recess. As I also explained, Report stage in this place on 4 December left us with legislation that was not fit for purpose, which is why further changes need to be made. Those changes are being made as urgently as possible.

On Monday of this week, the Government committed that on Report in the other place, we will bring forward the appropriate amendment to enable that arm’s length body to be created with the legal functions and UK-wide remit that is necessary. I have been working closely with Earl Howe, meeting with him as the Bill has gone through the other place. However, I cannot announce aspects of the Budget in any form—I hope the right hon. Gentleman will forgive me.

Infected Blood Inquiry: Government Response

Debate between Nick Thomas-Symonds and John Glen

Monday 18th December 2023 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

I welcome the fact that this statement has been made, to which the Minister of State, Ministry of Justice committed at the Dispatch Box earlier this month. I am also grateful to the Minister for the Cabinet Office and Paymaster General for advance sight of his statement today.

The amendment to the Victims and Prisoners Bill passed by this House makes the will of this House, on a binding and cross-party basis, absolutely clear. I applaud the work of my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), the campaigning and advocacy organisations, the all-party group on haemophilia and contaminated blood, the journalist Caroline Wheeler and all who have worked tirelessly to bring us to this point. I, too, pay tribute to the bravery of the victims of this scandal, who, over decades, have suffered for far too long.

The Government have repeatedly accepted the moral case for compensation, as indeed the Minister did today. On Report, the Minister of State in the MOJ was also definitive in committing that the Government will

“put in place the necessary legislative framework and timescales for a delivery body for compensation for the victims of infected blood to be established, in line with the overall objectives set out”—[Official Report, 4 December 2023; Vol. 742, c. 136-37.]

in the amendment tabled by my right hon. Friend. I say to the Minister: there is no need to wait for the Bill to come back or for the inquiry to publish its final report before making the required urgent progress on setting up the basis for the compensation scheme. The Government should make good on the spirit of that commitment and recognise the will of the House, not least because a commitment to act was also given in the King’s Speech.

I am not suggesting for a moment that this is not a complex matter. However, as my right hon. Friend the shadow Chancellor and I have repeatedly made clear, we are open to working on a cross-party basis to shape a compensation scheme that can deliver justice urgently. The Government should now establish an arm’s length body to deliver compensation payments, which will allow some of the preparatory work to be done while we wait for those final recommendations. As with any arm’s length body, the Government will be responsible for appointing the chair and the members, and setting the budget and the rules for the scheme and its administration, including on decision making and accountability. I am also conscious that compensation will apply to those infected in Scotland, Wales and Northern Ireland and that there is important work to do with devolved Governments. Of course, I welcome what the Minister said in his statement about psychological support, but will he please tell us why there is a need to wait until the summer of next year for it to go live, given how long this matter has been going on?

I would be grateful if the Minister would also address the following questions. Why can the Government not commit to beginning the steps in January, not just to take the technical advice that he has referred to, but to bring forward primary legislation early in the new year to enable the establishment of the compensation scheme, given that this House has shown its support for that? Will he also commit to continuing to work closely with all the victims’ groups in the future, so that their voice is heard throughout the establishment of the compensation scheme? To the extent that he has announced a timetable today, when might people receive the final compensation? This is so pressing because, on average, one person dies every four days as a result of this scandal. Will he also give a commitment that the Government will act on each and every recommendation in the inquiry’s report? He mentioned a statement 25 working days after the publication of that report, but he did not give a timetable for action on those recommendations—will he give that to the House in his response? Finally, will he confirm what preparatory work is being done by the Treasury? Will he commit to being as transparent as possible about that process? The Government have admitted both the case for compensation and the need for urgency. This House has shown strong cross-party support for action. It now falls to Ministers to deliver urgently.

[John Glen]

I thank the right hon. Gentleman for his constructive approach. There is consensus across the House that this urgent matter needs to be addressed as quickly as possible. As I said at Cabinet Office questions during my second week in post, this is the most urgent priority that I will face, whatever happens in this office, and I take my responsibility to bring forward the scheme very seriously. However, we need to examine carefully the amendment that was passed two weeks ago and how it interacts with work that is under way. I am doing everything I can to bring that work forward. Second Reading of the Victims and Prisoners Bill will happen today in the other place and the process that will follow from that will be clear in the new year.

The right hon. Gentleman asked a number of specific questions. I want to deliver psychological support as quickly as possible, working closely with NHS England on provision of support and allowing people to have direct access to it. I will do everything I can to bring that forward by June, at the latest, I hope. A few months ago, I made an announcement about clinical, legal and social care advisers. Contact has been made with individuals and there will be ongoing conversations to get those people in place as early as possible, so as much work as possible can be done along the lines I have set out.

The right hon. Gentleman asked about the 18 recommendations and when people will receive further clarification on Government compensation. Those are substantive matters that will be attended to as quickly as possible, in line with what I have already said. On 17 January, the inquiry will issue a notification about when that report is expected, which will give clarity on the timetable to which we are working. I assure the House that we are doing everything we can to work across relevant Departments, including the Treasury, to ensure everything is delivered as quickly as possible.