(1 month, 1 week ago)
Commons ChamberWe have got to boil this down very, very simply. This has been described as the biggest tragedy the NHS has ever seen. As a result, lots of people have sadly passed on, and people are still dying on a frequent basis at a time when there are still issues in paying their compensation. People are dying as a result of contaminated blood as we sit here—they are dying on a regular basis.
I pay tribute to my right hon. Friend the Paymaster General, who I think has done a marvellous job. But I have made the point time and again, along with my hon. Friend the Member for Eltham and Chislehurst (Clive Efford)—I think I have spoken in 10 debates in the Commons on this—about the issues with this scheme. The Minister has afforded as many meetings as have been required—he is totally dedicated to the scheme—but the reality is that it is failing the people who are still awaiting compensation. That is the reality, despite everybody’s best efforts and despite the fact that IBCA is doing a really good job, as the right hon. Member for New Forest East (Sir Julian Lewis) said. I have been to IBCA and had a look at how it operates. Regardless of all the Sirs, the chairman and the chief executive, it is the staff who are so dedicated and compassionate. As it is in my area, I am not too surprised that that is the case.
I pay tribute to the victims, the families, the friends, the supporters and the campaigners because without their persistence and commitment I am not sure where we would be. I am saddened that the latest iteration of the Government’s infected blood compensation scheme still falls short of what the victims and their families have been expecting. We have to question why might that be—why is this the case?
The Government have had the chairman of the inquiry into this scandal, Sir Brian Langstaff, intervene to provide guidance in November 2024 and they have had months of further consultations, but still the victims and their families feel that they and their representatives have not been listened to properly. They still find that they face unacceptable provisions in the scheme, as has been explained by a number of hon. Members already, regarding matters such as adequate compensation for all classes of relatives of deceased victims, for the suffering stemming from treatments and for the periods of financial losses experienced. There are still huge difficulties with this scheme. They are feeling like they might be let down by this Government. I share their frustrations, as hon. Members can hear from the tone of my contribution today. Again I thank the Paymaster General for the fact that the Labour Government allocated £11 billion to compensate the victims, but the reality is that that compensation needs to get to those who justly deserve it.
In November 2024, I said in this House:
“The infected and contaminated blood scandal is just one of far too many injustices in the UK in recent decades, in which powerful people have treated institutional reputations, career prospects and, in a number of cases, profits as being more important than working-class lives. Hillsborough, Orgreave, the postal service Horizon scandal and Grenfell all share this shameful characteristic: each one sent out a message that ordinary working-class lives do not matter. The Minister can take this opportunity to show that this Labour Government think that the lives of ordinary people matter by ensuring that the victims of contaminated blood products receive just and meaningful compensation without any further unconscionable delay.”—[Official Report, 19 November 2024; Vol. 757, c. 208.]
Many of the points have already been raised, but I am compelled to raise a number of the outstanding issues. The excellent work and the determination of the Paymaster General means that we are in the position that we are in today, with lots of progress made, and I thank him for his engagement with the infected blood community. There are a few points that I would like to raise. I want to talk about the changes many believe are still needed to the compensation scheme, about the pace of compensation and about the impact the compensation scheme is having.
Fundamental injustices clearly remain in the compensation scheme that I hope can still be addressed. Interferon treatment is still not properly recognised under the latest proposals. For example, people treated with interferon are excluded from the additional injury award if they later developed more severe conditions, like cirrhosis. That is supposed to reflect the fact that they are already compensated for a higher level of injury, but the harm caused by interferon treatment is distinct and additional to the harm caused by infection of any severity. It should be acknowledged in its own right. Will the Paymaster General look again at extending the additional injury award to all those who underwent interferon treatment, regardless of other conditions?
On estate claims, we are going to see families ending up with very different amounts of compensation depending on when their loved one died. In practice, that means that those who died earlier can end up worse off, which is ludicrous and perverse. It cannot be right that families receive less just because their loved one died before the scheme was up and running.
Rachel Gilmour (Tiverton and Minehead) (LD)
I am going to try to make my intervention without crying. I congratulate the hon. Gentleman on his impassioned speech. I am a member of the Public Accounts Committee, and this subject came before us a couple of weeks ago when we examined the impact of the infected blood scandal as part of a much wider report on Government compensation schemes. These cases are always marked by a profound injustice, but nowhere is that clearer than in relation to the infected blood scandal. Each week people die before receiving the compensation they are promised, and I know that the hon. Gentleman will agree that that is a moral stain upon our country.
I am sure that hon. Members from across the House would agree with the hon. Lady’s sentiments.
On the estate claims, what has just been explained cannot be right, as the right hon. Member—sorry, I am promoting the hon. Gentleman—[Interruption.] Sorry! The right hon. Member for New Forest East set that out. Will the Minister be able to announce a change of approach for the families who have already suffered so much, so that they are not penalised because of the date when their relative died?
Carer’s contributions still are not properly recognised in the way they should be. Many family members provided unpaid care for many years, putting their lives and careers on hold, as has already been mentioned. This is especially stark for children and young people who took on caring responsibilities that went far beyond what would normally be expected, often at real cost to their education, wellbeing and future prospects. The supplementary compensation route should be amended to recognise both the financial and personal losses of carers, as well as recognising the additional impact caring duties have placed on children.
To his credit, the Paymaster General has engaged with the community, parliamentarians and advocates. I know he will listen closely today, and I hope that there may be further changes before the next regulations are introduced. I hope that the latest proposals are not the last word and that we will ultimately have a scheme that is free from the clear inequities that I have already described.
The other top priority now must be for compensation to be delivered faster. We need to focus on delivery and accountability. Too many people are still waiting, and the system is not moving fast enough. Many people are wondering how long it will take for their cases to be considered if this pace remains the same. The scheme made some initial progress, but it now feels as if it has slighted stalled.
Most of the progress IBCA has made is among the most straightforward category of claims—living infected people who are already on a support scheme. We also need to see faster progress across all remaining categories of claims, including infected people who were never previously compensated, affected people and estate claims. A lot of those cases should be relatively straightforward, for example with many estate claims where probate is already in place and interim payments have been made. There is strong argument for prioritising those so families can get closure sooner. There is also a growing concern that IBCA’s test-and-learn approach is not working and is not delivering speed or fairness. Would it not be in most people’s best interests to deal with these straightforward cases rapidly so that thousands of people get closure and can move on with their lives?
The haemophilia centres do fantastic work, but ongoing operational problems in the regulations are causing avoidable delays and placing additional burdens on them. Clinicians and haemophilia centres are under real pressure as a result. Many are being asked for historical records that no longer exist, and the administrative burden of finding evidence and responding to IBCA is falling on already-stretched NHS teams. There are cases where centre staff, whose primary focus should be on the treatment and care of people with bleeding disorders, are working every weekend to keep on top of compensation administration.
It is important to note that haemophilia care is already facing challenges. The most recent peer review found major gaps, with 93% of haemophilia centres staffed below the target standard. Compensation claim admin should be properly resourced and funded through IBCA, rather than relying on haemophilia clinicians to pick up the slack. I hope that will be accepted by the Paymaster General.
Finally, will the Paymaster General clarify a point about regulation 12, regarding the switching of payments? Sean Cavens, a great campaigner who has suffered greatly as a result of this tragedy, thought it was possible to switch his payments. He is asking that if an individual is on yearly support payments, which were previously guaranteed for life, they can switch it to take a lump sum payment.
To clarify, Sean believed there would be an appropriate lump sum payment. However, he is 45 years of age. If he commuted his support payments to a lump sum payment, it would represent only four years of support payments. When was that changed? Surely it cannot be right that if somebody wants to transfer their support payments, basically forget about the situation and move on, they are not allowed more than four years of support payments as a lump sum.