Infected Blood Compensation Scheme

Steve Darling Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Sarah Olney (Richmond Park) (LD)]

The Liberal Democrats are glad to see the introduction of this legislation and the establishment of the infected blood compensation scheme. We are glad that it will move the victims of this atrocity, both those infected and affected, closer to long-overdue justice and compensation. Victims and their families have been waiting decades for answers and for recognition of the suffering that they have endured. Liberal Democrats welcome the findings of Sir Brian Langstaff’s report, which vindicated so many of those people affected. We voted last December for the amendment to the Victims and Prisoners Bill, requiring the Government to set up the compensation scheme, and we are glad that this motion establishes that.

[Steve Darling (Torbay) (LD)]

This is a deeply sad scandal. Does my hon. Friend agree that we need reassurance from the Minister that there is adequate capacity to process the applications at pace?

[Sarah Olney]

I thank my hon. Friend for that intervention. It goes very much to the heart of the remarks that I shall make about ensuring that the compensation scheme established through this legislation is indeed adequate, not just in its resources but in its powers to fully address the magnitude of the justice and compensation that is owed to the families who have suffered.

Although we are grateful that the Government have brought this legislation before Parliament at such an early stage, we want to ensure that these proposals go far enough, and ensure that all those affected get the justice they deserve. The Liberal Democrats will work with the Government to ensure that the provision for fair and proper compensation is implemented as quickly and effectively as possible.

More than 3,000 deaths are attributable to infected blood and blood products, over 30,000 people were infected with hepatitis C or HIV after receiving infected blood transfusions, and many thousands more have been affected by the suffering that has been caused. This scandal is a chilling story of people being failed, not only by the medical professionals who treated them but by the NHS—which should have been responsible for the safety of their treatment—and by a series of Governments whose integrity and diligence should have precluded such an atrocity from ever taking place.

Over the decades when this was happening, children were subject to unsafe and deeply unethical clinical testing. Senior doctors in British hospitals administered experimental treatments while knowing the significant risk of contaminated products, and staff in haemophilia centres across the country used blood products even though it was widely known that these products were likely to be infected, as was so vividly highlighted by the hon. Member for Newport East (Jessica Morden).

The scope of the negligence goes far beyond the medical administration; the infected blood inquiry report reveals a culture of covering up. We must ensure that there is transparency in governance, especially given the disregard with which the last Conservative Government treated the public’s trust. The Liberal Democrats support the survivors’ call for a duty of candour on all public officials, as well as the introduction of increased legal protections for whistleblowers. We must do all we can to ensure that we have an honest political culture in which concerns are listened to and questions answered, so that nothing of this nature can ever happen again. We are glad that the report has made public the extent to which people were failed, and that there is support across the House for acknowledgement of the injustices that have been suffered, which this legislation begins to rectify.

However, while we are grateful for the Government’s action in response to Sir Brian’s inquiry, particularly the Minister’s extension of the scheme beyond the initial commitments from the previous Government, we are concerned that the legislation does not go far enough. Financial compensation cannot make up for the years of injustice and the unimaginable distress that so many thousands of people have gone through.

The compensation scheme is an important step in acknowledging their suffering, but I urge the Minister to see it as the first step in the process of compensating victims. We want to see legislation that compensates the children who, without consent, were tested on with contaminated blood but did not go on to develop a disease. We want to see recognition of the family members who saw loved ones suffer, and in some instances pass away, but who will receive no compensation because they were over the age of 18 at the time of infection. We want to see a clear and explicit explanation of the payment bandings that have been set out, and we want to see engagement with the affected community at all stages.

It is vital that the scheme acknowledges the trauma experienced beyond the physical suffering caused by the infected blood. Not only were so many lives cut short or destroyed by the hideous physical illnesses that contaminated blood caused, but unimaginable psychological distress has been caused by experimentation on unconsenting and often unaware patients. We urge the Government to ensure that this scheme encompasses all those who suffered owing to the infected blood scandal, and that any further legislation is developed with the close engagement of those who best understand that suffering.

Our principal concerns lie with the transparency of the calculation of compensation payments. It is crucial that the scheme does not establish a hierarchy of suffering, and I ask the Minister to outline the process by which these tariffs were decided. The compensation for people treated with infected blood products who “self-cleared” hepatitis C is very low, and does not account for the health impacts that they have experienced or the psychological damage that they have experienced. There is also a significant discrepancy between those infected with hepatitis C and those infected with HIV. Although we welcome the initiation of compensation payments, we believe that there must be greater transparency over how they have been calculated. We urge the Minister to engage with the affected communities, and to ensure that there is clear communication explaining how these decisions have been reached.

The complications caused by the decades of defensive cover-up have not only exacerbated the trauma experienced by victims, but affected the estates of those who have died. In the intervening decades, some estates have become contentious and the question of the rightful recipients of compensation has therefore become unclear. In some cases, the compensation could be entailed away from those on whom a person’s infection or death has had the greatest impact. It is vital for the IBCA to have the necessary resources and powers to support victims through the process, to ensure that appropriate compensation is received by all those affected.

The burden of the administrative concerns and queries from affected families is currently falling on overstretched charities. Has the Minister considered the creation of a dedicated unit to deal with inquiries, working alongside the IBCA? We must support the work of these vital organisations—the charities providing support—and engage with them to understand exactly the needs of those affected. The motion sets out the possibility of future legislation, and we hope that the Government will follow up this legislation with vital community engagement. We urge them to ensure, as the scheme progresses, that there are mechanisms in place to enable the concerns of charities, organisations and affected individuals to be heard.

We are also cautious about the structural limitations of the IBCA. Given the many years over which the scandal took place, the six-year timeframe of the authority as a legal entity does not seem appropriate. The equivalent scheme set up by the Irish Government in the 1990s is still active, and it is crucial that the IBCA exists for long enough to ensure that the full compensation scheme and associated processes can be carried out effectively.

The Liberal Democrats are glad to see the introduction of this legislation. We welcome the Government’s swift creation of a compensation body, the IBCA, to implement the report’s recommendations and begin payments to the victims of this scandal. It is essential that people begin to receive the compensation that is so long overdue, and it is vital that that is done in the most compassionate and effective way. While we hope that the Government will go further in ensuring that the affected community are fully engaged and consulted in this process, the infected blood compensation scheme will allow victims, both infected and affected, to move, at last, towards justice.

Let me finally take this opportunity to thank Emily, Eleni, Pipsy, Claudia, Harry and Orlando, who are A-level students in my constituency and have been gaining work experience in my office this week. It has been a pleasure to host them, and they have worked very hard in helping me to put my speech together.