Infected Blood Compensation Scheme (Amendment) Regulations 2025
Debate between Baroness Anderson of Stoke-on-Trent and Baroness Finlay of Llandaff(2 days, 6 hours ago)
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Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)
My Lords, since the publication of the Infected Blood Inquiry’s detailed report in May 2024, the Government have worked to establish a compensation scheme and set up the Infected Blood Compensation Authority, IBCA, to deliver it. Since the compensation service opened last year, IBCA has contacted all infected people registered with a support scheme to start their claim, and made offers of over £2 billion. The service has now been opened to the first claims from living infected people who have never been compensated. I am pleased with this progress and it is a significant step in the right direction toward delivering justice to those impacted. IBCA is now moving toward opening the service for those affected, and for the estates of deceased infected people.
In July, the Infected Blood Inquiry published its additional report, which made 15 recommendations for the Government on the design of the scheme. We immediately accepted seven of those recommendations. The regulations we are considering today will implement the five of those seven that require legislation to achieve. The remaining eight recommendations are subject to an ongoing public consultation, and the Government expect to bring in further legislation next year to implement the further changes following the consultation. The regulations at hand today show that the Government have reflected on and listened to the inquiry’s words on involving those impacted by this dreadful scandal. It is right that we accepted these recommendations and I am pleased that we have been able to bring them forward swiftly.
Hearing the voices of the community is essential. That is why the Chancellor announced changes in the Budget that ensured that infected blood compensation payments are relieved from inheritance tax in cases where the original infected or affected person eligible for compensation has sadly died before the compensation is paid. I am pleased that we have been able to make this change, and that justice is not only delivered but reflected in the way compensation is treated.
I will set out the changes that we are proposing to the scheme in the regulations. These are a result of the Government’s immediate acceptance of some of the inquiry’s recommendations. Regulation 3 responds to the inquiry’s recommendation 3(a) and removes the 1982 start date for eligible HIV infections. This means that anyone who was infected with HIV via infected blood or infected blood products before 1 November 1985 will be eligible for the scheme. Regulation 4 makes changes in line with the inquiry’s recommendation 8(b) on affected estates. Its additional report set out that the time being taken to deliver compensation is disadvantageous to affected people who are older or in ill health. The recommendation is that, where an affected person has sadly passed away during a specified date range, their compensation should become part of their estate. The Government have accepted this recommendation and is going beyond the inquiry’s recommendation, extending the recommended date range by two years to be between 21 May 2024 and 31 March 2031.
Regulation 6 actions the inquiry’s recommendation 4(e), recommending that the Government remove the need for applicants with hepatitis C or B to “evidence” their date of diagnosis. The date of diagnosis has no bearing on the calculation of an individual’s compensation, and therefore making this change removes an unnecessary burden that will facilitate swifter processing of claims by IBCA. Regulation 7 implements the inquiry’s recommendation 4(d), relating to how the scheme deems the level of severity of someone’s hepatitis infection. Where someone shows a level 4 diagnosis of hepatitis, but no level 3 diagnosis, we are amending the scheme so that they are deemed as having spent six years at level 3 prior to their level 4 diagnosis. This will uplift their overall compensation package and recognises that the burden of evidence should not fall on the claimant in light of the inquiry’s finding on lost medical records.
We have heard from the community and the inquiry that the use of effective treatment dates under the scheme does not reflect the lived experience of many victims. Not all infected people were able to resume work after treatment for various reasons, including continued illness or stigma. Some people received effective treatment much later than when it was introduced. In line with the inquiry’s recommendation 4(c), Regulation 9 rectifies this by removing the earnings floor on the supplementary route exceptional loss award for financial loss. This ensures that a route is available for infected people to present evidence on their actual earnings loss.
The Government recognise that there have been concerns raised about bereaved partners’ access to support scheme payments following the tragic loss of their spouse. In response to these concerns and to the inquiry’s recommendation 9(a), the Government reopened bereaved partner applications to the infected blood support schemes, IBSS, on 22 October. I am grateful to devolved Administration colleagues for their work in helping us make sure we could achieve this so quickly.
One of the key themes of the inquiry’s additional report was the need for IBCA to increase the speed with which it delivers compensation. In order to achieve that, Regulation 10 delays by one calendar year the transfer of responsibility to make support scheme payments from IBSS to IBCA. This will allow IBCA to focus its resources on continuing to build an effective compensation service. I am again grateful to devolved Administration colleagues for their collaborative work on this. Outside the inquiry’s report, Regulation 14 makes a number of technical changes to ensure that the compensation scheme functions correctly, and that its administration is improved. These are minor corrections that do not impact the policy.
This compensation scheme is for people who have had their lives changed by unimaginable pain and suffering. The regulations we are debating today are a direct response to these people’s calls for change, meeting their expectations of Government and carrying forward a sense of justice. As Members of your Lordships’ House, we all share the sentiment that the victims of this scandal should be at the heart of this work. These regulations are a significant step in ensuring that this compensation scheme delivers for the people impacted, as we all intend it to do. I beg to move.
Baroness Finlay of Llandaff (CB)
My Lords, I thank the Minister for bringing this to the House and going through things so comprehensively. I also thank her for being open to having conversations about the whole scheme at other times, without necessarily requiring us to book an appointment with her.
I have a couple of questions on areas that require clarification. First, is it correct that the compensation scheme does not pay specific damages to people infected as children up to the age of 16, other than a £10,000 unethical research award if the family of the deceased can prove that they were a victim—which is the same for adults? Is it correct that, if the infected child dies, there is no compensation for a lost life? As parents are not classed as dependants, can the Minister clarify what they are eligible for, having lost their child, and how that changes if their child died after the age of 16 or 18?
Infected Blood Compensation Scheme
Debate between Baroness Anderson of Stoke-on-Trent and Baroness Finlay of Llandaff(1 month, 1 week ago)
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Baroness Finlay of Llandaff (CB)
My Lords, I am most grateful to the Minister for having met me, and to the noble Baroness, Lady Campbell of Surbiton, with whom I discussed the Statement yesterday.
The Minister has spoken about claim managers now being trained and directly employed. I wonder if she has evidence that trust has increased and of how the claim managers are managing when there is difficulty accessing medical records, particularly if the microfiched records cannot be found easily or if there are gaps in the whole medical history.
A separate question, but equally important, is how claim managers and others are able to provide advice to recipients who may wish to be protected from it being known that they have compensation because they need advice on how to manage the payments they receive. Sadly, they may be fearful of pressures put on them, either within their own families or within the community, when it is known that they have received a large sum of money in compensation, because there is sometimes inadequate understanding of what the compensation has actually been for.
Baroness Anderson of Stoke-on-Trent (Lab)
I put on record my thanks to the noble Baronesses, Lady Finlay and—I think I can call her a noble friend, even though she is not on my Benches—Lady Campbell, who is much missed; I am pleased that she will be returning to us in the new year. As ever, the noble Baroness, Lady Finlay, raises very important points. I think trust has increased, but that is difficult to tell in an environment where misinformation is rife; making sure that people have access to genuine information is truly one of the most challenging parts of this. We have discussed in your Lordships’ House many times the ability of IBCA to communicate and the need to make sure that it is providing relevant information.
That said, the claim managers have played an incredibly important role. We are seeing that when claims are finished—obviously this is a small community, relatively speaking—people are asking the claim managers who have just finished with them if they will be the claim manager for their friends, or for other members of the community, by name. This suggests that trust in the claim managers, at least, is clear, which is an important part of this.
The noble Baroness makes two incredibly important points. One is about access to medical records. Our claim managers are not investigators but, where there is clearly paperwork missing, they are working with the recipients to help them find the paperwork; so the onus is not just on the members of the infected blood community—there is someone helping them get the paperwork. We still have challenges in making sure that we can access some of the medical records. Noble Lords will appreciate that, as we move forward away from registered infected cases and towards estates and other areas, that may well be challenging, but we are working on what new technologies we can use to harness some of that material.
As regards advice to recipients who want to be protected, we are offering paid financial advice to make sure that it is easily accessed. We have to appreciate that these are very vulnerable people who have had horrendous experiences and could be targeted again, so making sure that we can work to protect them will be an incredibly important part of what we do going forward.
Infected Blood Inquiry: Additional Report
Debate between Baroness Anderson of Stoke-on-Trent and Baroness Finlay of Llandaff(4 months, 2 weeks ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
The impact on the noble Baroness’s family reminds us every time we hear of it that there is a real human cost. It is very easy for all of us to consider this just to be news and outside of your Lordships’ House. This scandal was in your Lordships’ House, it was in this building, and the noble Baroness’s family paid the price for it.
The noble Baroness makes a really interesting point about the affected being able to register sooner rather than later. Obviously, IBCA has its programme in place, but I will speak to IBCA to see what schemes could be put in place.
With regard to the impact on affected estates of people passing away, there was a change also announced this week. The Government acknowledge the inquiry statement that delays in delivering payments to the affected community have left some individuals at a disadvantage. Therefore, the estate will be eligible to claim compensation where the eligible affected person passes away from 21 May 2024 to 31 March 2031. We have extended the end date so that the estate will still be able to claim—we have gone further than the recommendation of the inquiry.
Baroness Finlay of Llandaff (CB)
My Lords, I thank the Minister for taking a personal interest in this appalling, sad history, which has gone on for so long, and for recognising that there is a need to really speed things up. The slower it is, the worse the agony. Wrong has happened and recognising that is crucial.
I am also glad to see that several of the further inquiry recommendations have been adopted. I want to ask about one part of the Statement. It says that the recommendations will “remove the requirement for evidence of the date of diagnosis for hepatitis B or C”—and thank goodness that that has gone. But it then says that this will allow “claims for those mono-infected with hepatitis” to be rapidly processed. As the Minister knows, there is another virus, hepatitis D, which can coexist with hepatitis B; it was not known about for many years, but it causes a much worse prognosis in hepatitis than if there is only hepatitis B overall. Can she clarify that “mono-infected” does not mean that anyone infected will be excluded because somewhere someone has said, “Oh, they’ve only got one virus rather than two”, and clarify that this does not have any crossover with HIV?
Baroness Anderson of Stoke-on-Trent
I thank the noble Baroness for the questions. She is absolutely right: how we speed this up is vitally important. We cannot slow it down. It has to be about speeding it up so the—I hate the term “compensation payments” because it is appalling—the payments are out of the door as quickly as possible and people can use the money to enhance their lives or however they want to spend it. With regards to the specifics, the noble Baroness and I have discussed hepatitis D. As she will be aware, this is something that is still developing in terms of our knowledge base, and that will have a long-term impact. We do not know what that is yet, but I look forward to discussing this in more detail with her in the future. As regards “mono-infected”, it is my understanding, but I will have to clarify, that people who consider themselves to be mono-infected now would qualify under this, and if subsequent illnesses are then brought forward, that should not have an impact. But I will confirm in writing to the noble Baroness and place it in the Library for all Members of your Lordships’ House, because it is too important for me to speculate about.
Wales: Coal Tip Safety
Debate between Baroness Anderson of Stoke-on-Trent and Baroness Finlay of Llandaff
Baroness Anderson of Stoke-on-Trent (Lab)
I thank my noble friend. This £25 million, for which the Welsh Government asked for years but did not receive from the last Government, is a demonstration of us working to support the Welsh Government and the people of Wales. The £25 million is about the safety and security of the tips and ongoing maintenance. We will continue to work with the Welsh Government to ensure that the regeneration of these sites remains an ongoing discussion and delivery for the Welsh Government and for the Labour Government in this country.
Baroness Finlay of Llandaff (CB)
My Lords, in memory of Mansel Aylward, who, as a medical student, was the person who crawled into the school only to discover that the children were all dead, as was the teacher, what research is being undertaken now to look at more effective ways of monitoring the coal tips? With the change in climate, we have ever-increasing rainstorms and the water flow, which was partly responsible, is creating a greater, not lesser, danger in those valleys, where the memory of what happened in Aberfan remains as sharp today as it ever was.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I am the granddaughter of a miner and appreciate everything that the noble Baroness just said, especially about the impact of Aberfan, which we remember every year on the anniversary. Our hearts and prayers go out to the families and we can only imagine their ongoing grief. I reassure your Lordships’ House that the coal tips are currently safe—this work is to ensure their ongoing safety and maintenance. New technologies will be at the forefront of this, and I was delighted to see reports only this week that new satellite technology is now being used to analyse the coal tips to make sure that we are securing all those that we believe to be currently safe and those where we are most concerned.