Infected Blood Compensation Scheme Debate

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Department: Cabinet Office
Baroness Finn Portrait Baroness Finn (Con)
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My Lords, I begin, as I have previously, by welcoming the progress made by the Infected Blood Compensation Authority and the Government in delivering payments. I commend the diligent work of Sir Brian Langstaff and his team, and all those who contributed to the inquiry and its additional report, which continues to shape the compensation scheme that is trying to bring some measure of justice to the victims of this terrible scandal and their families. I also pay tribute to those who have campaigned so tirelessly and bravely for so long in the face of such appalling harms inflicted by the state.

I note the Statement made in the other place and particularly the scale of the delivery now under way, with over £2 billion paid and thousands of individuals having received offers. That is an important milestone in what remains a profoundly long and painful process. Much in what has been set out will be welcomed across this House and, most importantly, by those who have lived with the consequences of this injustice. I also recognise that many of the changes now being brought forward are the result of consultation with the infected and affected community, reflecting the issues they have consistently raised throughout the process. That includes improved recognition of harms arising from infection in childhood, better provision for mental health impacts and loss of earnings where careers were curtailed, and specific new awards around unethical research, including for those who were children at Treloar’s school. These are significant and necessary developments, and I recognise the seriousness with which they are now being addressed.

This House has returned to these issues repeatedly, rightly so given the scale of the injustice and the length of time victims have waited. The question now is not whether the scheme has been improved but whether it can deliver what it promises in practice—fair, timely and trusted compensation at scale. I would therefore be grateful if the Minister could address three areas in her reply.

On delivery, we have already noted that £2 billion has been paid out to 3,161 people, but given that 18,053 have registered their intent to make a compensation claim, can the Minister provide an update on the pace at which the Infected Blood Compensation Authority is expanding the number of claims it can process? Given the scale of what remains ahead, is she confident that IPCA has sufficient staffing and professionalism to address the numbers involved so that victims can receive compensation swiftly?

Secondly, on consistency and implementation, while the tariff-based approach is designed to reduce complexity, several of the new elements, particularly those relating to psychological harm, loss of earnings and exceptional loss, inevitably require judgment in application. Can the Minister set out what safeguards will be in place to ensure consistent decision-making across caseworkers, particularly where evidence is limited or assessments of opportunity or mental health harm are required?

Thirdly, on timing and certainty, the Statement indicates that further legislation will be required to implement these changes. Given the length of time since the inquiry’s additional report and the proximity of the coming parliamentary Session, can the Minister be more specific about the legislative timetable and confirm whether the necessary legislation will be included in the forthcoming King’s Speech?

This scandal represents a catastrophic failure of the state and the response to it must meet that scale. Compensation alone can never fully account for what has been lost, but it must be delivered in a way that is fair, accessible and efficient for both infected and affected individuals. Today’s Statement represents progress, but for many what matters now is not only what has been announced but what will be delivered and whether the system has the capacity, clarity and consistency to deliver it.

As we consider what must happen next, we must recognise an unavoidable truth: for many victims, compensation has come too late. Too many have passed away without receiving a penny, and their families continue to carry the weight of that injustice. Their absence should remain at the forefront of our minds as this scheme moves into its next phase.

Viscount Stansgate Portrait The Deputy Speaker (Viscount Stansgate) (Lab)
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My Lords, the noble Baroness, Lady Brinton, is taking part remotely, and I now invite her to speak.

Baroness Brinton Portrait Baroness Brinton (LD) [V]
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My Lords, I thank the Government for this Statement, and the technical expert group—TEG—at IBCA for its detailed report, which sits behind the proposed changes to the scheme outlined in the Statement. There are many victims who will be reassured by most, though perhaps not all, of the changes.

It is good news to hear that over 3,000 people have now received an offer of compensation, and I note that the Statement says payments have been made to all eligible groups. Can the Minister say how many of that number are from the affected group? While accepting that the Government’s priority has been to secure compensation for infected victims first, it is still true to say that a number of the affected victims are themselves frail and elderly, or, worse, very ill. Does IBCA have a date by which the scheme will be up and running for all affected victims, and will those I have outlined be prioritised as an urgent group?

It is very good news that the Government are removing the 25% deduction applied to past care compensation, which is exactly what Sir Brian Langstaff’s inquiry recommended, but why has it taken well over a year for this decision to be made? Since the spring of 2024, one of the issues that I and others have repeatedly raised with the last Government, as well as with this one, is that the state should not claw back any past benefits, including care costs, from these families who have had to turn to benefits and care support because of a fundamental failure of the state. In so doing, they—both infected and affected—lost jobs, their careers and sometimes their homes, and, much worse, had to live on the breadline for many years. To penalise them at the compensation stage was cruel, so it is good that the deduction is stopping.

However, the bigger point stands, and I know the Minister will recognise this, as she and I often talk about the bigger picture of other schemes as well. This governmental approach is seen in other schemes, and too often the change comes after extended delays. Further, trust with the victims has been lost. Will the Government please rethink this approach in future schemes before decisions are made?

A further point on the care award is that it is not clear whether affected victims who were carers are yet recognised in their own right, or whether the entirety of the care award, including the carer’s element, will remain solely with the estate of the infected person. I wonder if the Minister can update the House.

The changes outlined in the TEG report follow on from the complications of a number of different schemes over many years in the past, using different matrices, and indeed through devolution. Many, especially the ones relating to psychological damage, are welcome. Before Christmas, the TEG published details of how to handle historic suicide in the compensation scheme. The wording of that paragraph in the report has caused real consternation and distress among victims, both the infected and the affected, especially those who have already lost loved ones who were infected to suicide.

The commentary paragraph in the TEG report outlines the complexity of suicide and recognises that it is retraumatising for a family member to have to raise it with IBCA. However, it then goes on to say:

“Even with the best explanation, we believe that linking more compensation to evidence of suicide creates a risk that the Scheme is misinterpreted, and places vulnerable people at risk if they feel pressured to harm themselves to help their families get more compensation”.


Anyone who has lost a loved one to suicide for whatever reason knows that suicide is not a rational act; it is an act of desperation. To suggest that victims might resort to it solely for financial benefit as a small part of a grant of total compensation is just staggering. It has caused real distress and a further loss of trust, again. I hope that this issue can be reviewed.

Finally, it is very good news that compensation is to be given to victims treated unethically, especially the children at Lord Mayor Treloar’s School. I want to ask the Minister two questions in relation to the unethical behaviour by doctors who used infected blood in research projects without informing the victims or, if they were still children, their parents. First, are the police looking at what evidence remains? I know the NHS has said that many documents have been destroyed, but if IBCA has enough evidence to know that they were infected—and in many cases it knows when—then surely any surviving doctor should be questioned. Secondly, will IBCA ensure that there was no other unethical treatment given to people in later decades, not just those infected through the early research projects 50 years ago?

As ever, I am aware that I have asked a number of technical questions to the Minister; if the replies are not to hand, please will she write to me with them?