Access to Redress Schemes

Alex Burghart Excerpts

Thursday 18th April 2024 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

It is a pleasure to respond to a thoughtful debate in which we have heard some very good speeches. Hon. Members have had the opportunity to display the considerable expertise that they have built up, often while dealing with difficult constituency casework. It is a reminder to us all that we are here to serve the needs of our constituents and to help them find redress when hardship, difficulties and, sometimes, the system get in their way.

It was a pleasure to hear experienced Members of the House harking back to the glorious days when we had a full working Thursday. I share their desire for that—and not just because we would have had more people in attendance for this debate. It was particularly good to hear the considered speech of right hon. Member for North Durham (Mr Jones), in which he savagely attacked lawyers. I look forward to the leader of his party reading and considering his remarks.

We are here to debate the details that have been raised thanks to the diligent efforts of the all-party parliamentary group in writing to the Government with its thoughts about how we might make general improvements. The Government firmly believe that access to redress is fundamental in upholding justice and fairness in our society. It is imperative that individuals have avenues to seek recourse when they have been wronged or harmed. In recognition of that, the schemes through which the Government provide redress are numerous.

The Government have done more than most in the past few years to address historical wrongs. In 2017, the infected blood inquiry was set up, and in October 2022 interim payments of £100,000 were made to everyone in the UK infected blood support schemes. The Windrush programme was set up in 2019, the Horizon shortfall scheme in 2020, the overturned convictions scheme and the LGBT veterans scheme in 2021, and the group litigation order compensation scheme in 2023. Yesterday, my right hon. Friend the Paymaster General set out our next steps in supporting the victims of the infected blood scandal.

The Government have been steadfast in our commitment to providing diverse compensation schemes that cater to varying needs and circumstances. We remain committed to upholding the rule of law and ensuring that all citizens have access to effective mechanisms for resolving grievances and holding institutions accountable. There is, rightly, considerable interest across the House in how we can ensure best practice. I am grateful to be able to engage with some of those ideas today.

Although I acknowledge the interesting ideas mooted by the APPG, I think we should sound a note of caution. We must be wary of any approach that would set up a uniform system for redress and compensation. Each set of circumstances is often very different, and schemes need to be capable of reflecting those differences in order to ensure that the affected individuals get the best possible redress. Any reform process would need to ensure that we do not lose personal understanding of the claimants who are accessing the scheme, and that we provide adequate support and understanding of their personal experiences. I urge hon. Members to keep claimants at the centre of our thinking during consideration of any reforms—that has been at the heart of what hon. Members have said in the debate.

[Mr Kevan Jones]

I do not disagree with the Minister— I agree that victims should be at the centre, and that no two schemes will ever be perfectly the same—but there are broad frameworks. What tends to happen—it certainly did with the Horizon scheme—is that people try to reinvent the thing every time. Surely we could put in place some parameters that civil servants could use as a template when faced with a future compensation scheme.

[Alex Burghart]

I was going to come to that point. Although the right hon. Gentleman is right that there is currently no public guidance, that does not limit the sharing of knowledge between Departments and policy areas. There is a great deal of dialogue and shared learning between officials when schemes come into existence. The hon. Member for Tiverton and Honiton (Richard Foord) suggested in his opening remarks that the wheel was always being reinvented. That is not the case; a learning process happens within Government.

[Richard Foord]

I do not suppose that lessons are not being learned and that one set of civil servants is not passing lessons on to another set; rather, this is about victims having the reassurance that when there is a perceived conflict of interest, they have somewhere else to go.

[Alex Burghart]

The point I was making was very much that we have internal schemes of learning, and we ensure that each new scheme learns from the experiences of those that have gone before it.

[Mr Kevan Jones]

rose—

[Alex Burghart]

I will give way one more time to the right hon. Gentleman, but I am running out of time.

[Mr Jones]

That is not my experience. When we were setting up the advisory board for the Horizon compensation scheme, I asked officials to look at the mineworkers’ compensation scheme, which was a massive scheme. The problem is that, with the turnover of civil servants, corporate knowledge is lost. We need corporate knowledge to be held centrally in Departments—possibly in the Cabinet Office; otherwise, things left to Departments do not happen because people leave.

[Alex Burghart]

The right hon. Gentleman is right: the Government require a means of retaining corporate knowledge. That is something that I have been working on since I came to the Cabinet Office 18 months ago. I will not go into it now, but we are putting in place a number of novel programmes to ensure that, as people move on, we retain their learning—not just with regard to redress schemes, but more broadly across Government. He is right about that. Although there is a richness in having civil servants who have worked in many different Departments and have a broad understanding of how Government works, there is sometimes a danger that, in having that rotation, we lose expert knowledge.

I will move on to some of the progress that has been made on the major schemes that the Government have under way. In respect of the Horizon IT scandal, let me reassure the House that the Government are determined for postmasters to receive the compensation that they deserve. As of 31 March this year, approximately £190 million had been paid to over 2,800 claimants across three schemes: £111 million on the Horizon shortfall scheme; £39 million for all payments, including interim payments, on the group litigation order scheme; and a total of £41 million for all payments, including further interim payments, on the overturned convictions scheme. With regard to the Windrush scandal, as of February this year the Home Office had paid over £83 million across 2,307 claims. On infected blood, as I mentioned earlier, the Government have paid over £400 million in interim compensation to those infected, and bereaved partners, registered with existing support schemes since 2022.

Let me turn to the specific points made by other contributors. Alas, my hon. Friend the Member for Christchurch (Sir Christopher Chope) ascribes to me a greater power than I possess: I am unable today to respond formally to the Cumberlege review, but he will be aware that the Government are in the midst of very serious consideration of its findings and recommendations, and I know that he will hold our feet to the fire to ensure that that formal response comes soon. To go back one more time to the right hon. Member for North Durham, I am grateful for his acknowledgment of the work done by my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake). His comments about lawyers aside, I very much agree that we need schemes that reduce the opportunities for legal opportunism—we owe that to our tax-paying constituents, and also to those who have been wronged.

The Government understand that there are broad lessons to be learned from schemes that have gone on in the past, but also from the four big schemes that are currently under way. It will also be necessary for us to consider the response of the National Audit Office to the letter written earlier this year by the Chair of the Public Accounts Committee, the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), so that we can better understand how we can build on the good work that has already been done to help our constituents when similar wrongs befall them in future.