Yes, my Lords, that is right. In the spirit of consensus, albeit in the light of that practical caveat that I voiced, which represents a risk and no more.
It will take some time for the new infected blood compensation authority to become operational in its fullest sense, such that it is in a position to accept applications and deliver payments. There are formal processes around setting up an arm’s-length body of this kind which we cannot—indeed, must not—try to get around. However, the Government recognise the need to compensate victims of infected blood, and we are absolutely committed to doing this as quickly as we are able. For this reason, a shadow body will be established by 20 May, led by an interim chief executive. This will be critical to getting the practical work in place to ensure that the infected blood compensation authority can be fully operational as soon as possible. The shadow body will be able to begin work, such as implementing IT systems and appointing staff who are needed for assessing and delivering compensation payments, as quickly as possible.
We also understand the importance of ensuring that processes are in place for the compensation scheme to run smoothly. The Government are therefore clear that the infected blood compensation authority will have all the funding needed to deliver compensation once it has identified the victims and assessed claims. Once established, we intend that the scheme will make payments quickly and effectively.
I now turn to the membership of the infected blood compensation authority board and, in doing so, perhaps I may address Amendments 121B to 121H tabled by the noble Baronesses, Lady Brinton, Lady Featherstone and Lady Meacher. I would like to be clear with the House today that it is the Government’s intention that the process of recruiting a chair of the infected blood compensation authority will begin immediately. In the coming weeks, we will begin to identify potential candidates for the role. The successful candidate will be appointed through the usual public appointment process. The government amendment provides flexibility for the composition of the other members of the board, both executive and non-executive, albeit that minimum and maximum numbers are specified to align with the expected requirements of an ALB of
this nature. As many noble Lords have made clear, building trust with those infected and affected by the scandal is critical. It is therefore the Government’s intention to involve the infected blood community in the appointment process for the chair.
Tomorrow the Minister for the Cabinet Office begins his engagement programme with those infected and affected by the infected blood scandal. That will be a useful opportunity to discuss how those impacted can be involved in the process of appointing the chair, while ensuring that that does not inadvertently delay the end goal of getting compensation into the hands of victims as soon as possible. I think we can achieve both objectives.
6.30 pm
We have not currently stipulated a timeline for the appointment of the chair or mandated in legislation that it should be a High Court judge—a point that I know many noble Lords feel strongly about. I shall explain the thinking behind that. The first point to make is that whoever is appointed as chair must be the person best suited for the role. We therefore want to ensure that the most suitable candidates have the opportunity to apply for the role and transition from any prior commitments. We are entirely open to the idea that the person appointed should be a High Court judge, but it is essential that the right candidate is selected. In that context, we want to give proper consideration to the input that we receive from those who will be accessing the scheme. We will ensure that Parliament is regularly updated as we progress this work.
In addition to the set-up of the scheme, we recognise that Sir Brian Langstaff has made it clear that the infected blood community and those accessing the scheme should have a role to play in its delivery. The Government agree that it is critical for those infected and affected to have a role in the infected blood compensation authority. Noble Lords will note that government Amendment 121A provides for the infected blood compensation authority to establish committees and sub-committees. The Government intend to utilise the provision for committees or sub-committees to ensure that there is representation of the infected blood community on these groups. I say emphatically that we want to work collaboratively with stakeholders to achieve the right outcome.
I turn to interim payments and, in doing so, take the opportunity to speak to Amendments 119X, 119Y and 119YB, tabled by the noble Baroness, Lady Brinton. The government amendments place a new statutory duty to make interim payments of £100,000 to the estates of the deceased infected people who were registered with existing or former support schemes. This would apply where previous interim payments have not already been made to infected individuals or their bereaved partners. The noble Baroness spoke powerfully on this issue in Committee. I believe this is an important step forward to get substantial compensation into the hands of families of victims of infected blood, pending the establishment of the final compensation scheme.
We recognise that this is not a precise replication of Sir Brian Langstaff’s recommendation 12, which I understand was the noble Baroness’s intention. However, we have given this issue a great deal of thought and
our view is that it is the most practicable solution for providing compensation for deaths that have not yet been recognised. Our proposal avoids the state otherwise interfering with the will of a person who has died as a result of infected blood, or departing from long-established intestacy rules that ensure appropriate tiered distribution among a deceased’s family.
I know that many noble Lords are concerned about when the interim payments will be made. The Cabinet Office is working closely with the existing infected blood support schemes, departments across Whitehall and the devolved Administrations to ensure that the necessary practicalities are in place to make these payments as soon as possible following Royal Assent. It is worth acknowledging that the previous interim payments of £100,000 to those infected and bereaved partners registered with existing support schemes were made through existing support schemes that had staff and administrative bodies in place. The payments were made to people already known to the support schemes and nevertheless took around three months to operationalise and pay.
I am not in the business of prolonging people’s uncertainty unnecessarily. It is critical that we are transparent with those impacted about when they can expect compensation. I must therefore be realistic about the scope of this undertaking. We must move quickly and we are taking practical steps to do so, but it would not be right for me to commit to timeframes that are just not deliverable. For that reason, the Government will also be setting out clearly the next steps for establishing the compensation scheme following the publication of the infected blood inquiry’s final report on 20 May.
Each week, people are dying as a result of their infections and it is not our intention to add to the personal distress and suffering that those people and their families are facing. It is therefore the Government’s intention that, once the infected blood compensation authority is established, those people who are registered with the infected blood support schemes and living with chronic infections will be prioritised by the compensation scheme. No duplication of registration processes will be required. We will work with the existing infected blood support schemes, which the majority of people living with chronic infections are registered with, and with parliamentarians to provide regular updates and clear communication as the compensation scheme develops.
We understand that many people are not currently registered with the infected blood support schemes. The cohorts who are not currently registered with any such schemes but will be eligible for the compensation scheme will be able to register and make themselves known to the Government following the substantive update after the publication of the final report.
We have a debate ahead of us and there is still much to be done. It is the Government’s duty and responsibility to provide clarity and reassurance to those who have been failed by the state. I hope to provide further reassurance in response to amendments that have been tabled. In closing, I pay tribute to those who continue to campaign and who have brought us to the point that we are at today. We must do this right and we
must do it quickly. The government amendments allow us to do that and I respectfully request that noble Lords support them. I beg to move.
Amendment 119BA (as an amendment to Amendment 119B)