Thank you, Madam Deputy Speaker; I think this is the first time that I have spoken with you in the Chair, so I congratulate you on your election.
I am grateful for the opportunity to update the House on the Government’s work on the infected blood compensation scheme, following my letter to Mr Speaker during the recess.
The infected blood scandal is a shameful mark on the British state, and those who have been impacted have waited far too long to receive financial redress and true recognition of their suffering. The inquiry’s report shed light on the trauma inflicted on thousands of people across the country. The voices of people who are infected and have been affected have gone unheard for far too long, which has compounded the trauma. The devastating findings of the report bear repeating: victims were used as objects of unethical research, and people were misled about the treatments they needed and received. As Sir Brian Langstaff KC put it, there was a “cover-up” that was
“more subtle, more pervasive and more chilling”
than an “orchestrated conspiracy to mislead”. It is a shameful part of our state’s recent history.
On 26 July, I updated this House on the engagement exercise being undertaken by Sir Robert Francis KC, interim chair of the new Infected Blood Compensation Authority, with the infected blood community on the compensation proposals that were published on 21 May. As I told the House, the Government were carefully considering Sir Robert’s feedback with a view to publishing his report and the Government’s position on it in advance of 24 August, which was the statutory deadline imposed by the Victims and Prisoners Act 2024 for establishing the infected blood compensation scheme in regulations. I assure the House that this Government upheld that commitment, and I thank all the officials who worked in the Cabinet Office to ensure that that deadline was met.
On 16 August, the Government published on gov.uk an update on the infected blood compensation scheme, Sir Robert Francis’s report on his engagement exercise, and the infected blood inquiry response expert group’s final report. I met with some representatives of the community and with Health Ministers from the devolved Administrations, and I made calls to parliamentarians on both sides of the House so that they were informed of the Government’s progress prior to publication.
I have come to the House today to provide the Government’s update on next steps, but I would like to acknowledge the work and the valued contributions of Sir Robert Francis and the expert group appointed by the right hon. Member for Salisbury (John Glen) at the start of the year. It is the Government’s intention to deliver a comprehensive compensation scheme at the earliest possible opportunity, in order to provide justice and closure to the infected blood community, which has historically been neglected and mistreated.
I put on record my thanks to Sir Robert Francis. Through both his compensation framework study in 2022—which was taken into account in the inquiry—and his recent engagement exercise in June with key representatives of the community, he has contributed greatly to the development of the infected blood compensation scheme. He listened to the concerns of the community, and his most recent report took on board both those concerns and other feedback from a diverse group of representatives.
Sir Robert made 74 recommendations to the Government, covering a wide range of areas, including the future of the current infected blood compensation schemes, additional supplementary awards for those who were subjected to unethical medical research, and amendments to the five key heads of loss that inform the total compensation package for victims. The Government accepted the vast majority of those recommendations: 69 of the 74 were accepted. For the five that the Government have not accepted, it is because we believe that a different solution will be more practical and better for the victims.
The Government heard the infected blood community’s concerns about the 21 May proposal to phase out the regular infected blood support scheme payments upon delivery of compensation payments. I know that that proposal was causing great anxiety to those in receipt of, and reliant upon, those payments. The Government have listened, and we have changed the compensation proposal accordingly. Regular support scheme payments for those registered before 1 April 2025 will continue for life as part of the compensation package.
Support scheme payments are not the only thing to change. In the next set of regulations we will enhance the total compensation package to introduce a supplementary additional autonomy award of £10,000 for those who were subject to unethical medical research, as a specific acknowledgement of the impact on their personal freedom. That award will be uplifted to £15,000 for those who were subjected to research at Treloar’s college as children, as recommended by Sir Robert. I want to make it clear to the House that those payments will be on top of the comprehensive compensation package currently set out in the regulations that a person will receive.
Another of the community’s concerns about the 21 May proposal was the social impact award for affected individuals. Again, following feedback, we are increasing that award for individuals who are assumed to have lived in the same household as an infected person for two years or more.
The scheme has been designed in line with the principles of the inquiry, having regard for
“speed of provision, simplicity of process, accessibility, involvement, proactive support, fairness and efficiency.”
We recognise that this means that the scheme will not cover every circumstance in the way an individual assessment would, so in order to ensure that every applicant is justly compensated, we have introduced a health impact supplementary route for additional compensation.
Sir Robert produced a wide-ranging report following the engagement exercise and some of his recommendations relate specifically to the delivery of the scheme. Although it is for the Government to deliver the design of the scheme and to ensure that the legal framework to deliver it is in place via new regulations—and we remain committed to doing that—it is of course the case that the Infected Blood Compensation Authority will be administering the scheme.
We welcome the recommendations and we are confident that the authority, of which Sir Robert is the interim chair, will work tirelessly to operationalise and implement the compensation scheme as soon as possible, so that money can be passed to victims at the earliest opportunity. I would also like to thank the infected blood inquiry response expert group, which has informed the Government’s development of the infected blood compensation scheme.
As Sir Robert recommended, we have published the expert group’s final report, which provides more detail on the rationale for decisions taken on the scheme design. The expert group report includes detailed descriptions of each of the heads of loss that make up the total compensation package, the clinical markers used to determine severity bandings, and the formulae for the care award and financial loss award.
As I have referenced, the Victims and Prisoners Act 2024 required the Government to establish the infected blood compensation scheme by 24 August. I am pleased to confirm to the House that on 23 August we laid the regulations that will give the Infected Blood Compensation Authority the powers necessary to pay compensation through the core route to the infected, both living and deceased. This will allow individuals who were infected with HIV, hepatitis C or hepatitis B through the use of contaminated blood or blood products to receive the compensation they so wholly deserve. Personal representatives of those who have tragically passed away as a result of their infection will be able to apply for compensation on behalf of their loved ones.
The Government are clear that although laying the regulations relating to infected individuals taking the core route is an essential step to delivering justice, the work is not finished. A second set of regulations will provide for other elements of the compensation scheme, including compensation payments to affected individuals and for claims under the supplementary route. We are committed to delivering this second set of regulations when parliamentary time allows, to ensure that those applying under these routes can start receiving payments in 2025. The Government’s plans regarding that second set of regulations are in the documents available on gov.uk.
It is an important step to have the compensation scheme enshrined in law, but I know that many people will want to know exactly when they can expect to receive their compensation. The Infected Blood Compensation Authority will deliver the compensation scheme and I know the interim chief executive and his team are working hard to put the operational systems in place with the aim of beginning payments by the end of this year. That will involve user testing with members of the community who have volunteered to help the authority to ensure that it is designed to address the specific needs of applicants.
Those who are registered with the infected blood compensation schemes will have their details shared with the Infected Blood Compensation Authority, to deliver on the promise that the Government will endeavour to make the process as user-friendly and free of distress as possible. Beneficiaries of the infected blood compensation schemes will be contacted in due course regarding the sharing of their data with the Infected Blood Compensation Authority.
I am grateful for the opportunity to update the House today on this important work. The victims of the infected blood scandal have waited far too long for justice, and I am encouraged that we are now beginning to deliver this long-awaited compensation. I undertake to continue to update the House as this work progresses. I commend this statement to the House.