Infected Blood Compensation Scheme

Debate between Nick Thomas-Symonds and Mark Francois

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.

European Union (Withdrawal) Bill

Debate between Nick Thomas-Symonds and Mark Francois

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Nick Thomas-Symonds]

I am grateful to my hon. Friend for drawing attention to that, and it simply reinforces the case we are making: that Tory Ministers simply cannot be trusted with powers of this nature.

We have also frequently heard the argument about the need for legal certainty, but the Bill as drafted does not provide that legal certainty. What guidance does it give to judges post-Brexit as to how they are supposed to interpret the law that originated from the European Union? Absolutely none. The idea of a preliminary reference to the European Court is of course no more, because of the red line on the ECJ. That is completely gone. The remedy that citizens once had to go to the European Court is also gone. So the idea that, post Brexit, the Bill will assist our constitutional arrangements and provide clarity is simply wrong.

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

No, people will not be able to go to the ECJ—the hon. Gentleman is right about that—but they will be able to go to the British Supreme Court, just down the road from here, where decisions that affect them and their countrymen will be taken by British judges according to British law. What is wrong with that?

[Nick Thomas-Symonds]

I have nothing against British judges taking decisions. What I am talking about is the failure of this Bill to provide clarity about how the law now will be transposed into the law then. Let us talk about a judge down the road who is faced, for example, with a citizen demanding a remedy of holding the Government to account for failure to deal with pollution. They would previously have had a right to go to the European Court. What will be their right under the Bill? The Government have absolutely no idea. Let us have a Bill that gives that clarity post Brexit, which this Bill manifestly fails to do.

[Mr Francois]

Will the hon. Gentleman give way again?

[Nick Thomas-Symonds]

No, I am not giving way again; I have given way three times, and many Members want to speak in this debate.

Let me summarise by saying this: the Bill is shoddy, and undermines the parliamentary democracy that it was meant to enhance. It is not worthy of support, and I urge colleagues not to support it tonight.