I thank the Minister for presenting the draft regulations. I am particularly pleased that my right hon. Friend the Member for Salisbury agreed to bring his enormous expertise on this matter to the Committee. When he was Paymaster General, he worked tirelessly to make sure that victims and their families could at last receive some degree of justice. Above all, I thank those campaigners and victims who have spent years pushing for justice for this terrible tragedy, which continued for over a decade. It has taken decades more for it to begin to be put right.
This is an issue on which all parties have spoken as one, recognising the horrific harm caused to so many by this scandal. It has been a unity built around agreement with the incredible work done by Sir Brian Langstaff in his inquiry. There has been agreement across both sides of the House that we must implement the recommendations of that inquiry to begin to make right these serious wrongs. To be clear, we will not divide the Committee on the draft regulations because we do not want to do anything that jeopardises the payment of compensation that is already overdue to those who were affected or infected by contaminated blood.
The biggest concern that Members share has been the very slow pace of assessing and paying compensation claims. We welcome the progress highlighted by the Minister, but as of 14 March only 63 offers of compensation had been made and only 40 accepted. That equates to about five victims paid per week since the Paymaster General’s statement last month. At that rate, it would take more than 15 years for all those infected to receive their compensation, and the draft regulations could extend compensation to perhaps 30,000 persons directly or indirectly affected by contaminated blood. It would take nearly 120 years to pay all those compensation payments at the current rate.
We recognise that part of the purpose of these regulations is to give additional powers to IBCA to pay compensation, but the current pace is clearly unacceptable, and is causing significant distress and despair to many who have already suffered more than anybody should. That raises questions about whether IBCA has the capacity needed to properly compensate those affected and those infected by contaminated blood. It looks increasingly unlikely that the £11.8 billion set aside for compensation will prove to be sufficient. Will the Minister confirm that the Government will ensure that further amounts are made available, as and when they are needed?
We have other concerns about the bureaucratic and evidential requirements in the regulations. There is a risk that those requirements prevent eligible people from applying. For example, not only partners, parents, children or siblings of infected persons but other carers of such persons can apply as “affected persons” for the care award to compensate for past and future care needs. However, they must be able to show that they provided an average of at least 16.5 hours of care per week to an infected person over a period of at least six months without reward or remuneration, show the nature of the care, and show the length of time such care was needed. How does the Minister expect that kind of detail to be evidenced? If care was provided to a friend or family member without remuneration, as the regulations require, how likely is it that there would be written records or agreements? What evidence does the Minister expect to be available when the care might have been provided many years ago, particularly if the infected person has sadly since passed away?
We strongly support the IBCA framework document published two weeks ago and agree that there are sound reasons why it is appropriate, and arguably necessary, to initially second civil servants to allow IBCA to begin its important work without delay. However, as the Minister will be aware, some campaign groups have expressed concern about IBCA’s level of independence. Although the tight tariff-based approach set out in the draft regulations clearly has benefits in fairness and consistency—and we strongly agree that this approach is appropriate in the vast majority of cases—is there a risk that such a framework could fail to provide fairness in some unusual cases that do not easily fit within the categories and levels set out? Will the Minister look at how IBCA could be given discretion to take into account atypical personal or health impacts, such as infertility? IBCA could, for example, be allowed to consider individual cases for injury, autonomy and social impact awards, as well as for financial loss and care awards.
The Minister will know that particular concerns have been raised about how those who developed hepatitis and haemophilia are treated under the draft regulations. Will he set out why haemophilia and hepatitis C cases were not included under the special cases mechanism in the supplementary route? How many infected people does he expect to be worse off as a result? Can he explain which experts decided which medical conditions would be recognised through the supplementary route and who among them had clinical experience of hepatitis and haemophilia?
Some of the requirements to qualify for further compensation, beyond core payments, look particularly onerous. While it is, of course, essential to be careful when dealing with such large amounts of taxpayers’ money, I know that the Minister would not want the scheme to preclude people who have genuinely suffered different forms of harm and loss. Can the Minister give the Committee a clear idea of what kind of proof might be sufficient to demonstrate, for example, psychological damage caused by contaminated blood, which might then enable someone to access additional compensation?
Turning to the estates of affected people, while recognising there might be circumstances in which the restriction could be harsh, we agree with Sir Brian’s recommendation, which is reflected in the draft regulations, that affected persons should be compensated in their own right but to go further and allow a claim by their estate would draw the circle too widely. However, can the Minister clarify what the position would be were an affected person to die after submitting an application for compensation, or possibly between receiving an offer of compensation and accepting it? Might their estate be able to benefit from a claim that had already been made, for which the affected person had been eligible before they passed away?
The partners of infected people registered on support schemes to date stand to lose their right to receive 75% of their partner’s payments if they are bereaved, after the end of this month when the schemes officially end. Can the Minister explain why that decision has been made, and what assessment he has made of the extent to which other provisions within the draft regulations will make up for those amounts being lost by the bereaved partners of infected people who die after the end of this month?
As I said at the beginning, we will not divide the Committee because we do not want to do anything that risks delaying payments to people who have already had to wait for far too long. The draft regulations will be a huge relief and an enormous help to many affected people. However, we all want an effective, equitable and comprehensive scheme. I urge the Minister, who I know cares deeply about this issue, to work with his officials and look at how some of the gaps and apparent unintended consequences might be resolved, so that all those infected or affected by contaminated blood can receive the compensation that they need and deserve.