Infected Blood Inquiry

Robin Walker Excerpts

Thursday 22nd June 2023 Commons Chamber

[The Minister for the Cabinet Office and Paymaster General (Jeremy Quin)]

I thank the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for bringing this important matter to the attention of the House, and the Backbench Business Committee for granting the time for a debate. She referred to Glen, Michele, and to Nick Sainsbury, who as she said never lived to see this concluded. She said that it is all about people, and in doing so set the tone for the rest of the debate.

I thank all hon. Members who have contributed to the debate, and I welcome the opportunity to set out the Government’s position. I have a lot of ground to cover, and I apologise if I cannot be as generous allowing interventions as is always my preference.

The victims of the scandal are at the forefront of my mind on a daily basis. We heard this afternoon the deep and tragic circumstances that led to the inquiry, of which many if not all of Members of this House will be keenly aware, either through personal experience or that of their constituents, of whom we have quite rightly heard a great deal this afternoon. I have the utmost sympathy for the plight of every individual who has been infected or affected.

In March, I met members of the infected blood community, facilitated by the right hon. Member for Kingston upon Hull North and the Father of the House in their roles as chairs of the all-party parliamentary group on haemophilia and contaminated blood. They have been such powerful and effective advocates on behalf of victims throughout the scandal, which left a profound impact. We are all keen to ensure that the process of resolution for those impacted—which has taken decades and which so many have not lived to see—is brought, in the words of the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), to a fair and equitable conclusion.

The emotions surrounding the dreadful plight of all those caught up in this appalling scandal is vividly apparent in the words said in the House this afternoon. As the whole House knows, the Government have agreed that there is a moral case for compensation. I welcome the publication of Sir Brian Langstaff’s second interim report. His wide-ranging and innovative approach, building on the study conducted by Sir Robert Francis, has provided thought-provoking focus for ongoing work on compensation. However, this remains in practical terms an extremely complex and demanding issue that requires a huge focus to resolve. No final decision on compensation has yet been made.

I would like to share with the House some of the complexities that we are working through and the process that we have adopted. In order to progress the work on the issue and to build on the work of officials—including my own permanent secretary who stepped up when the second permanent secretary departed, among others who are devoted to working on this important issue— I established earlier this year and I chair a small ministerial group, to bring together the expertise of different Departments. This small ministerial group enables in-depth discussions with all interested Departments about the Government response.

Members will understand that, due to collective responsibility, I cannot go into the details of the deliberations, but the SMG is an important tool for taking this issue forward. Representation at the SMG usually includes but is not limited to His Majesty’s Treasury and the Department of Health and Social Care. I appreciate that some hon. Members and members of the communities affected would not wish to see any involvement from the Department of Health in this process. However, I am sure that colleagues will recognise that the DHSC and NHS arm’s length bodies hold vital relevant clinical expertise and can bring to bear their direct experience of the England infected blood support scheme. Their insight is invaluable.

Sir Brian’s far-ranging report sets out recommendations for compensation that go well beyond what would be expected from the courts, as my hon. Friend the Member for Keighley (Robbie Moore) pointed out. He explains why he has come to that view. The Government have not made a final decision on compensation, but I want to share with the House the complexity of the work in which we are engaged. Just as it is critical to ensure that any scheme works effectively for the victims, the House should expect the Government to work through the estimated associated costs to the public sector. Those estimates have not yet been finalised. Much work continues to be undertaken, but that is work in progress.

In line with the terms of reference, Sir Brian’s expert statisticians did their utmost to come to a conclusion on the numbers of those impacted. However, given the sheer complexity of the question and the lack of readily available data, they were still forced to produce a very wide estimated range of potential applicants. I am afraid that speaks to the tragedy itself and the history, of which the hon. Member for Central Ayrshire (Dr Whitford) and many others are acutely aware.

Ultimately, the form and the extent of the compensation scheme come down to the decisions that have been made by Government. Sir Brian has helped enormously in bringing forward what he says are his last words on compensation, and I thank him for them. As the right hon. Member for Kingston upon Hull North pointed out, it is unusual to take this route. Sir Brian set out clearly why he had done so. I am certain that Sir Brian’s full report will put his compensation proposals into further and—I fear in many ways—deeply upsetting context.

As the hon. Member for Glasgow South West (Chris Stephens) commented, Sir Brian’s preference is for an arm’s length body to be established in which the precise level of compensation under his framework would be determined by independent, legal and medical expert bodies. Sir Brian proposes that—I believe this is unique for anything like this scale—the ALB should report directly to Parliament rather than via a departmental accounting officer. While no decision has been made, were the Government to go down that route it would, as I alluded to in my previous statement, be a very significant step. It would also be extremely likely—the hon. Member for Putney (Fleur Anderson) referred to this—to require primary legislation, although I should also say that the same may well be required for other compensation routes.

Turning to the delivery mechanism of any scheme, the mechanism favoured by Sir Robert Francis’s study was an expansion of the existing mechanisms in each of the four nations. The reasons for that are that they have established expertise, they understand the needs of the applicants and they are able to facilitate non-financial support more efficiently at a local level. Sir Brian supports a new single delivery mechanism for the entire UK to prioritise the speed and centralisation of resource for expedient delivery and the processing of applications, an approach very much favoured by my right hon. Friend the Member for Clwyd West (Mr Jones) speaking on behalf of his constituents.

Sir Brian recommends a UK-wide arm’s length body to deliver one-off compensation payments, with the existing schemes continuing to deliver ongoing support. That would have the benefit of simplicity, protect ongoing support for those on existing schemes and ensure parity across the UK, but it would mean creating a new delivery mechanism. I have raised this issue with the devolved Governments. I recognise both the huge challenges inherent in us all putting on to the established schemes a task hugely more complex and substantial in nature than that which they have previously undertaken, and the difficulties in establishing a brand-new single mechanism. Whatever route is chosen—we are discussing that with the devolved Governments and will continue to do so—I absolutely recognise the point made by the hon. Members for Central Ayrshire and for Llanelli (Dame Nia Griffith) that we have to ensure any compensation scheme brought forward avoids unnecessary stress and duplication for the victims who have already experienced quite enough trauma.

Having mentioned devolved Governments, we are mindful that health is a devolved matter. We are committed to working with those Governments to develop an effective response that delivers across the UK. I recently met Scottish and Welsh Ministers and the permanent secretary of the Northern Ireland Department of Health to discuss Sir Brian’s report. It was a helpful meeting. We shared a common determination to provide appropriate redress to the victims of infected blood. It was agreed that we would continue to meet as progress is made. That is not, for a minute, not to recognise the point made by a number of hon. Members, including the hon. Member for Pontypridd (Alex Davies-Jones), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) and the hon. Member for Newport East (Jessica Morden), that this is a decades-long issue that predated devolution by many years, and so the UK has a unique responsibility in coming to a proper conclusion.

The Government have made clear that they want the work to be done to ensure it is ready to respond to Sir Brian Langstaff’s final report as soon as possible. I have also made clear that that does not preclude us from making an earlier statement if we are in a position to do so. However, at this stage I want to share with the House and thereby the community some of the complexities with which we are wrestling to come to that fair and equitable conclusion.

[Mr Robin Walker (Worcester) (Con)]

My right hon. Friend is aware of the case of my great friend, constituent and long-serving councillor Dr David Tibbutt, who lost his wife and his brother-in-law to this scandal. On his behalf, may I urge my right hon. Friend to bear in mind the precedent of the legislation we put through this House in a single day for victims in Northern Ireland? That was a very complex issue which also engaged with devolved issues, but we were able to make progress. Will he do everything he can to expedite the compensation that victims need?

[Jeremy Quin]

I am aware of the background to Dr Tibbutt’s case, as my hon. Friend has discussed it with me. I was not aware of the legislation to which he refers. I would hope that if a conclusion could be brought to bear on compensation which required legislation and space was found for that legislation, it would have the support of the House to seek a resolution. I think today’s debate proves that there are so many hon. Members who are keen to bring this matter to a conclusion when it is possible to do so.

There were many powerful contributions to today’s debate, with some 16 Back Benchers speaking. I apologise for not being able to cover all the points that were raised. The hon. Member for Eltham (Clive Efford) spoke with great emotion, which was matched by many others, including my hon. Friends the Members for Torbay (Kevin Foster) and for Southend West (Anna Firth), and the hon. Members for Blaydon (Liz Twist), for Aberavon (Stephen Kinnock)—he is not his father, but he spoke eloquently—and for Perth and North Perthshire (Pete Wishart). The hon. Member for Wansbeck (Ian Lavery) read a powerful and moving poem that one of his constituents had written.

I am acutely aware of the House’s interest in the issue. We are all determined to take it forward to make certain that we produce a just and equitable settlement. I am sorry that I am not in a position to say more to the House at this stage, but we will continue to update hon. Members as we go through the work on an extremely complex issue—I know hon. Members recognise that—which, above all, we need to get right for the victims.