Parliamentary activity

Answering body: Cabinet Office

My Right Honourable friend, the Pay Master General and Minister for the Cabinet Office, the Rt Hon. Nick Thomas-Symonds MP, has today made the following statement:

I should like to inform the House that I have appointed three interim Non-Executive Board Members to the Infected Blood Compensation Authority under Part 3 of the Victims and Prisoners Act 2024:

Russell Frith, appointed as an Interim Audit and Risk Board Member, effective from 1st October 2024 until 1 October 2025;

Deborah Harris-Ugbomah, appointed as an Interim Commercial Board Member, effective from 1st October 2024 until 1 October 2025; and

Paula Sussex, appointed as an Interim Digital and Data Board Member, effective from 1st October 2024 until 1 October 2025.

Sir Robert Francis KC, the interim Chair of the Infected Blood Compensation Authority, has also appointed three interim Non-Executive Board Members:

Sir Robert Behrens, appointed as an Interim Community Engagement Board Member, effective from 1st October 2024 until 1 October 2025;

Helen Parker, appointed as an Interim Community Engagement Board Member, effective from 1st October 2024 until 1 October 2025; and

Gillian Fairfield, appointed as an Interim Medical Board Member, effective from 1st October 2024 until 1 October 2025.

These short term appointments will support the Infected Blood Compensation Authority to deliver compensation to people who are infected and affected in a timely manner. An open and fair recruitment process will commence in 2025 to fill these posts substantively.

The Government is absolutely committed to acting on the findings of the Infected Blood Inquiry and today’s announcement is progress towards that collective aim. I will continue to update the House as we progress work to deliver long overdue compensation to people infected and affected as a result of the Infected Blood Scandal.

Answering body: Cabinet Office

It is the Government’s intention for the first interim payments of £210,000 to the living infected to be delivered within 90 days, to begin in summer. Full Compensation Scheme payments will be made as quickly as possible and our aim is that payments will start before the end of the year.

Answering body: Cabinet Office

My Right Honourable friend the Pay Master General and the Minister for the Cabinet Office, the Rt Hon. John Glen MP, has today made the following statement:

Today, Sir Brian Langstaff has published the final report of the independent Infected Blood Inquiry. I am authorising a copy of the report to be deposited in the Libraries of both Houses.

I am very grateful to Sir Brian for his forensic and detailed report, his team’s diligent work over the six years of the Inquiry, and for the sensitivity and care with which he has ensured that the people directly and indirectly impacted by the infected blood scandal have been front and centre of his Inquiry’s work. His report is a very substantial document, and it will be impossible for anyone reading it not to be deeply affected by its content. The report lays bare the devastating consequences of the use of infected blood and blood products, and I hope it answers the questions that the infected and affected have been asking for so long.

I have listened to the strongly held views of those members of the infected blood community that I have spoken with; this day is about the truth, the community, and a time for reflection about those they have lost, and the suffering which they have endured over decades.

It is right that the Government should formally recognise this significant report on the day of publication, and so the Prime Minister will give a short statement to Parliament later today. There will be a further statement tomorrow in the Commons regarding compensation.

The Government will look to provide the House with a further opportunity to debate the Infected Blood Inquiry's final report.

Answering body: Cabinet Office

The Government has committed to update Parliament through an oral statement on next steps within 25 sitting days following 20 May. It is our intention to make this statement as soon as possible. Additionally, we have tabled a Government amendment ahead of Report Stage of the Victims and Prisoners Bill to fix technical deficiencies, whilst working in the spirit of Dame Diana Johnson’s amendment. The amendment has been tabled with the intention of speeding up the implementation of the Government’s response to the Infected Blood Inquiry.

Answering body: Cabinet Office

First, and most importantly, the suffering of the victims must be recognised. The Government understands that no measures can fully compensate for the losses and hardships that they have suffered. The priority here must be to ensure that victims get the justice they deserve. We are actively looking at the recommendations of the Inquiry, including the recommendation for more interim payments. The Government will respond to the recommendations of the final report following its publication on 20 May.

Answering body: Cabinet Office

On 18 December 2023 I updated the House that the Government would appoint a group of clinical, legal and social care experts to advise the Cabinet Office on detailed technical considerations of responding to the Infected Blood Inquiry’s recommendations on compensation.

Further to my December update, I am today pleased to announce the appointment of Professor Sir Jonathan Montgomery as Chair of this expert group. Sir Jonathan will lead the expert group to provide me, the responsible Minister for the Government's response to the Infected Blood Inquiry, technical advice on compensation.

Both my Right Honourable Friend Earl Howe GBE and I have met separately with Sir Jonathan to discuss the technical advice the expert group will provide and are reassured that the group is working as quickly as possible to advise the Government in responding to the Inquiry’s recommendations following the publication of the final report.

Sir Jonathan is an experienced healthcare law scholar who has played a leading role in UK public bioethics for many years, having previously chaired the Human Genetics Commission (2009-2012), the Nuffield Council on Bioethics (2012-2017) and the Health Research Authority (2012-2019). Sir Jonathan is currently the Chair of the Oxford University Hospitals NHS Foundation Trust and Professor of Healthcare Law at University College London. Sir Jonathan received a knighthood in 2019 for his services to bioethics and Healthcare Law.

Ensuring the victims of the infected blood scandal receive the justice and recognition they deserve remains my top priority and I look forward to working with Sir Jonathan and the expert advisory group to ensure that the Government has the relevant expertise to make informed choices in responding to the inquiry’s recommendations on compensation.

Answering body: Cabinet Office

Each inquiry chair will present their conclusions and recommendations to an inquiry’s sponsor minister. It is the responsibility of the lead department to determine how best to progress and implement the inquiry’s recommendations and the department will publish its response on Gov.uk.

The Cabinet Office takes the lead on the Covid, Grenfell and Infected Blood Inquiries and looks forward to acting on lessons learned.

Answering body: Cabinet Office

The Government continues to make progress with the work necessary to enable a response to the full report when it is published in March next year. It is only reasonable that the Inquiry, whose work is in train, concludes and provides their final recommendations before the Government takes action. The Government recognises that there is interest in pre-registration for compensation ahead of its response to the Inquiry’s final report. However, as the Minister for the Cabinet Office set out to the Inquiry in July, opening registration for compensation before the Government has finalised its response would be a difficult step to take.

Answering body: Cabinet Office

The Government continues to make progress with the work necessary to enable a response to the full report when it is published in March next year. It is only reasonable that the Inquiry, whose work is in train, concludes and provides their final recommendations before the Government takes action. The Government recognises that there is interest in pre-registration for compensation ahead of its response to the Inquiry’s final report. However, as the Minister for the Cabinet Office set out to the Inquiry in July, opening registration for compensation before the Government has finalised its response would be a difficult step to take.

Answering body: Cabinet Office

My Rt Hon Friend the Minister for the Cabinet Office and HM Paymaster General, Jeremy Quin MP, has today made the following statement:

The Infected Blood Inquiry Chair has announced that the Inquiry’s final report has been delayed from Autumn 2023 and will now be published in March 2024. I recognise the calls for urgency from those who have suffered and continue to suffer, and I remain committed to responding to the Inquiry as quickly as the Government is able to do so. However, it is only reasonable that the Government’s response is fully informed by Sir Brian’s final report.

I am aware that for some the Inquiry, as well as the ongoing parliamentary and public interest in this important issue, has meant reliving painful memories and feelings of loss and grief. I have been deeply moved to hear of the suffering and trauma that each individual has encountered as a result of this tragedy.

The timetable of the Inquiry is a matter for the independent Chair and the Government supports his desire to complete the Inquiry’s vital work quickly but with the necessary thoroughness. The Government continues to fully support the Inquiry in its important work and is working hard to be ready to respond.

I will update Parliament as soon as it is appropriate.

Answering body: Department of Health and Social Care

The Infected Blood Inquiry’s terms of reference include the task to “ascertain, as far as practicable, the likely numbers of people who have been infected (directly or indirectly) in consequence of: a) the use of infected blood; and b) the use of infected blood products”.

To this end, the Inquiry’s Statistical Expert Group has published two reports. The first, published in September 2022, contains estimated numbers of people infected by blood and blood products as well as estimated numbers of those people who subsequently died; however, this excludes those with Hepatitis B and secondary infections. The second supplementary report, published in July 2023, updates the Committee’s estimates of the numbers of people who died because of their infection. Due to its size, a copy of the first report has been placed in the Library. A copy of the second report is attached.

In July, the Inquiry published a note on interim compensation payments made on behalf of the Government by the four national Infected Blood Support Schemes. The note shows the number of people registered and payments made as of July 2023; however, information on the numbers of eligible people is not available. A copy of the note is attached.

Answering body: Department of Health and Social Care

The Infected Blood Inquiry’s terms of reference include the task to “ascertain, as far as practicable, the likely numbers of people who have been infected (directly or indirectly) in consequence of: a) the use of infected blood; and b) the use of infected blood products”.

To this end, the Inquiry’s Statistical Expert Group has published two reports. The first, published in September 2022, contains estimated numbers of people infected by blood and blood products as well as estimated numbers of those people who subsequently died; however, this excludes those with Hepatitis B and secondary infections. The second supplementary report, published in July 2023, updates the Committee’s estimates of the numbers of people who died because of their infection. Due to its size, a copy of the first report has been placed in the Library. A copy of the second report is attached.

In July, the Inquiry published a note on interim compensation payments made on behalf of the Government by the four national Infected Blood Support Schemes. The note shows the number of people registered and payments made as of July 2023; however, information on the numbers of eligible people is not available. A copy of the note is attached.

Answering body: Cabinet Office

My Rt Hon Friend the Minister for the Cabinet Office and HM Paymaster General (Michael Ellis QC MP) has today made the following statement:

The Infected Blood Inquiry has heard first hand details of the terrible suffering experienced by the victims of infected blood over many years, and the urgent need to address the financial uncertainty faced by many.

This Government commissioned Sir Robert Francis QC to produce an independent study with options for a workable and fair framework of compensation for those infected and affected by the tragedy. A copy of Sir Robert’s report is in the Library of this House.

Following Sir Robert’s detailed evidence given to the Inquiry in July, the Chair of the Infected Blood Inquiry, Sir Brian Langstaff delivered an interim report to the government. In accordance with section 26 of the Inquiries Act 2005, a copy of Sir Brian’s interim report has been laid before Parliament. In his report, Sir Brian made the following recommendations:

“(1) An interim payment should be paid, without delay, to all those infected and all bereaved partners currently registered on UK infected blood support schemes, and those who register between now and the inception of any future scheme;

(2) The amount should be no less than £100,000, as recommended by Sir Robert Francis QC.”

On 16 August, I wrote to Sir Brian to confirm that the government has accepted his recommendation in full and that we will be making an interim payment of £100,000, by the end of October, to all infected beneficiaries and bereaved partners registered with the four national support schemes. The date of effect of the recommendation is 29 July 2022, the date that Sir Brian delivered his report. Any infected person or bereaved partner registered with one of the four schemes operating in England, Scotland, Wales or Northern Ireland on that date will be eligible to receive the payments. Sir Brian’s recommendation - which this government accepts - was careful not to exclude any eligible person who, for whatever reason, may have not registered themselves with their relevant national support scheme. Should they do so in future, before the inception of any future scheme, they will also be eligible for such a payment, subject to successful application to the scheme.

The intention is that payments will be tax-free and will not affect any financial benefits support an individual is receiving. In advance of the payments, the four support schemes will write to beneficiaries, confirming tax exemptions and benefit disregards, and provide practical details about how the payments will be made. The UK Government will provide the funding to ensure that those eligible, wherever they are living in the United Kingdom, will receive the payment.

As recognised by Sir Robert Francis and Sir Brian Langstaff, this group of victims is the immediate priority for the government because we recognise that, tragically, many of these individuals will not see the conclusion of the Inquiry.

However, I am mindful that there will be people deeply affected by this tragedy who will not benefit from these payments. Sir Robert’s detailed Compensation Framework Study makes carefully considered recommendations about the further scope of compensation, including that carers and bereaved relatives (a cohort of affected people not currently supported by financial support schemes) should be compensated. In his interim report, Sir Brian makes specific reference to bereaved parents and children but notes the complexities in determining the approach to their compensation.

To those individuals and others who are out of scope of these payments, I would like to emphasise that the interim payments the government has announced are the start of the process and not the end. Sir Robert’s study has been warmly welcomed by the Inquiry and, without prejudging the findings of the independent Inquiry, I fully expect his wider recommendations to inform the Inquiry’s final report when it is published in mid-2023. Until that time, the government will continue work in consideration of the broader recommendations in the Compensation Framework Study so that we are ready to respond promptly when the Inquiry concludes its work.

Answering body: Department of Health and Social Care

A group claim has been brought on behalf of approximately 500 claimants or their dependants, in relation to Factor VIII and Factor IX products. This claim is stayed pending the outcome of the Infected Blood Inquiry.

Answering body: Department of Health and Social Care

This information is not held in the format requested. The Infected Blood Inquiry was established in July 2018. The England Infected Blood Support Scheme (EIBSS) is administered by the NHS Business Service Authority and began operation on 1 November 2017. In England, the EIBSS makes regular payments to beneficiaries, paid either monthly or quarterly, a winter fuel payment in Quarter 3 of each year and one-off lump sum and discretionary payments.

Data on the number of payments made between November 2017 and March 2018 is not held centrally. However, the following table shows the total payments made in each category between November 2017 and March 2018.

Regular payment £10,774,736

Lump sum payment £2,634,105

Discretionary £1,292,921

The following table shows number of payments and the total payments made in each category between April and July 2018.

Regular payment 9,701 payments £11,706,192

Lump sum payment 283 payments £3,247,498

Discretionary payment 2,352 payments £1,192,842

Answering body: Cabinet Office

My Rt Hon Friend the Minister for the Cabinet Office and HM Paymaster General (Michael Ellis QC MP) has today made the following statement:

Today the Government is publishing the study by Sir Robert Francis QC, which was commissioned by my predecessor as Paymaster General, the Rt Hon Penny Mordaunt MP.

The study makes recommendations for a framework for compensation and redress for the victims of infected blood, which can be ready to implement upon the conclusion of the Infected Blood Inquiry, should the Inquiry’s findings and recommendations require it.

Sir Robert’s study is comprehensive and detailed, and reflects the contributions of many individuals directly affected by infected blood, their recognised legal representatives, and campaign groups representing the infected and affected communities, many of whom participated in a series of meetings held by the study from July 2021 to February 2022. Sir Robert makes clear the importance of these contributions by introducing his study with a collection of moving, heartbreaking and sometimes shocking quotations from some of those who spoke to him. It is right that their views and experiences should be at the heart of his work, and I would like once again to thank all those who contributed to the study and shared their experiences with Sir Robert. I do not underestimate how difficult this must have been for many, and I am grateful for their courage.

Sir Robert will give evidence about his work to the Infected Blood Inquiry on 11th and 12th July. Before then, it is important that the Inquiry, and recognised legal representatives of its infected and affected core participants, have an opportunity to consider his work; it is most important that the government is able to reflect upon Sir Robert’s evidence to the Inquiry in considering his study.

There is a great deal of complexity to the issues that the study covers and a wide range of factors to be taken into account in considering Sir Robert’s recommendations. This analysis cannot be completed hurriedly but officials across government are focussing on this so that the government can be ready to respond quickly to the Inquiry’s recommendations, as was intended when the study was commissioned. I will update the House as this work progresses.

I would like, once again, to thank Sir Robert and his team for their work and the timely delivery of the study.

I have asked that a copy of the Study be deposited in the libraries of both Houses in Parliament.

Answering body: Department of Health and Social Care

The information requested on payments made between 1990 and the start of the Infected Blood Inquiry in 2017 is not held centrally.

Since 2017, support for those affected has been provided through four national infected blood support schemes. In England, the England Infected Blood Support Scheme is operated by the NHS Business Services Authority. Prior to the current scheme, support was provided by five independently operated schemes. These provided a range of lump sums, regular payments and smaller one-off payments to meet the immediate needs of individuals infected with hepatitis C or HIV, those who were co-infected and their families.

Answering body: Cabinet Office

My Rt Hon Friend the Minister for the Cabinet Office and HM Paymaster General (Michael Ellis QC MP) has today made the following statement:

On 20 May 2021, the Government announced the appointment of Sir Robert Francis QC, to carry out a study to look at options for a framework for compensation for people infected and affected by infected blood, and it was agreed that the study would report back to the Government before the independent Infected Blood Inquiry reports.

I am pleased to confirm that Sir Robert delivered his report to me on 14 March. Sir Robert completed the comprehensive and detailed study in a timely fashion, and I would like to thank Sir Robert and his team for the careful and sensitive way they have worked. I would also like to thank all those who contributed to the study, sharing their experiences and views with Sir Robert. I know this must have been very difficult for many. I am grateful for their valuable contributions.

I will now carefully consider Sir Robert’s findings and recommendations. It is my intention to publish the Study and the Government response, in time for the Inquiry and its core participants to consider them before Sir Robert gives evidence to the Inquiry. I will write in due course to Sir Brian Langstaff, the Chair of the Inquiry, about our plans for responding and publication.

Answering body: Cabinet Office

My Rt. Hon. Friend, the Paymaster General (Michael Ellis QC MP), has today made the following written statement.

On 20 May my predecessor, my Right Honourable friend, the member for Portsmouth North, announced the appointment of Sir Robert Francis QC to carry out an independent study to look at options for a framework for compensation for victims of infected blood. The study will make recommendations for compensation, before the Infected Blood Inquiry reports. Terms of Reference of the study were to be finalised following consultation between Sir Robert and those infected and affected. The consultation period concluded in August, and Sir Robert wrote to my predecessor with his recommendations.

Sir Robert’s consultation received a positive response from the infected and affected community. 447 formal responses were submitted (including from many of the legal representatives of infected and affected core participants of the Inquiry), along with over 150 further representations, primarily personal accounts from the infected and affected on how this tragedy has affected their lives. These accounts were of great assistance to Sir Robert in reviewing the draft Terms of Reference. Sir Robert wishes to express his gratitude to the many individuals who contributed to the consultation, in many cases having to relive the awful experiences they have suffered over so many years, and I would like to echo his gratitude.

Sir Robert’s recommendations identify the key issues that the study should consider. They offer assurance to the infected and affected communities that the matters of most concern to them will be considered by the Study. I am therefore happy to accept Sir Robert’s recommendations in full, and I am today publishing the following Terms of Reference without amendment:

RATIONALE FOR COMPENSATION

● To consider the rationale for compensation as a matter of general principle and in relation to any particular classes of compensation, recognising that it is not for the Study to pre-empt the determination by the Infected Blood Inquiry as to what, if any, rationale is supported by the evidence it has received;

INDEPENDENT ADVICE TO GOVERNMENT

● Give independent advice to the Government regarding the design of a workable and fair framework for compensation for individuals infected and affected across the UK to achieve parity between those eligible for compensation regardless of where in the UK the relevant treatment occurred or place of residence. While the Study is to take into account differences in current practice and/or law in the devolved administrations, it is not asked to consider whether delivery of that framework should be managed centrally or individually by the devolved administrations;

SCOPE OF COMPENSATION

● To consider the scope of eligibility for such compensation (including the appropriateness or otherwise of any conditions such as ‘cut-off’ dates), and whether it should be extended beyond infected individuals and their partners, to include for example affected parents and children, the wider affected family (e.g. siblings), and significant non-family carers and others affected, either because of the impact of caring responsibilities or the effects of bereavement or some other impact; to include consideration of former and new partnerships/marriages; and whether the estate of any individual who has died should be eligible for compensation;

CATEGORIES OF INJURY AND LOSS

● To consider the injuries, loss and detriments that compensation should address, in relation to the past, present and future, including:

(a) the physical impact and consequences of infection/s (including the effect of any treatment, and potential future adverse effects);

(b) infections that cleared naturally; and the risk of any significant or long-term side effects of treatment (such as liver damage, increased risk of cancer) even if they are yet to materialise;

(c) the mental health, social and financial impacts (including access to financial services) - both actual and in terms of loss of opportunities - suffered by both the infected and affected; and

(d) other types of loss if appropriate;

TYPES OF AWARD AND METHOD OF ASSESSMENT

● To consider: (a) the extent to which any framework should offer compensation on the basis of an individualised assessment and/or fixed sums or a combination of these (including consideration of the position of an individual who was both infected, and affected by another individual’s infection);

(b) whether awards should be by way of final lump sums, periodical payments or both;

(c) whether an individual should be required to prove matters (if so what types of matters, by what means, and to what standard);

(d) whether there should be any limitation by way of time or other bar on entitlement or claim, and whether any existing time bars should be maintained;

(e) the extent to which compensation should be limited to matters currently recognised by the law (taking into account any differences in the law across the UK) on damages and evidence as recoverable for the purposes of compensation, or, if not, the basis on which broader matters should be taken into account;

MEASURES FOR COMPENSATION

● To consider the measures for compensation, looking at other national schemes (for example, the compensation tribunal established in the Republic of Ireland) to examine their merits or otherwise, and experiences, both as to form (i.e. administration/process) and the substance of compensation;

RELATIONSHIP WITH CURRENT SCHEMES

● To consider the relationship between a compensation framework and other receipts and payments by individuals, including: (a) the pre-existing financial support schemes; (b) legal claims; (c) welfare benefits and tax;

OPTIONS FOR ADMINISTERING THE SCHEME

● To consider options for administering the scheme (including but not limited to what bodies, organisations or tribunals might need to be established to facilitate such administration); what principles, aims or criteria etc might underpin the development of an appropriate scheme; and any ancillary matters which should be considered such as interim payments, publicity of the scheme, outreach to potential claimants, and support;

OTHER ISSUES

● To consider other issues that, in the course of his investigations, Sir Robert considers relevant; and

REPORTING TO GOVERNMENT BY FEBRUARY 2022

● To Submit to the Government its report and recommendations as quickly as possible and no later than the end of February 2022, to provide the Government with advice on potential options for compensation framework design.

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Sir Robert and his team will now begin the more detailed conversations and analysis to look into the detail of the issues raised by the infected and affected community. This will allow him to produce a set of comprehensive recommendations to the complex issues involved.

I, like my predecessor, am deeply committed to ensuring that Sir Brian Langstaff’s independent public inquiry has all the resources it needs to complete its work; in Sir Brian’s words, “as quickly as thoroughness permits”. The infected blood scandal continues to claim the lives of infected people, and those directly affected have waited too long for answers, and for justice.