My Lords, I thank all noble Lords who contributed, both today and during our previous discussions on this important topic. The moving statements we have heard throughout the passage of the Bill have been a true measure of the gravity of the infected blood scandal and its far-reaching impacts.
I will address the amendments spoken to in this debate, starting with Amendment 119HA in the name of the noble Baroness, Lady Brinton. I can today give her an assurance that the Government’s intention, via regulations, is to establish a tariff-based compensation scheme, and that people who are infected and affected will be eligible for compensation under the scheme. The regulations will provide clarity on what the scheme comprises.
We recognise that it is also important that an arm’s-length body is functionally independent. In common with Sir Brian Langstaff, we view this as critical for building trust with the infected blood community. However, there is an important principle here around maintaining government accountability. My noble friend Lord Waldegrave, whose comments I appreciated, referred to this. The Government simply must hold responsibility for overseeing the expenditure of taxpayers’ money, and it would not be appropriate for the rates of compensation to be set by the chair of the IBCA. Instead, the chair will hold an important role in the delivery of the scheme, making sure that the right people receive the right compensation and ensuring support for those who access it, against the parameters set out in legislation.
To address a further point in the noble Baroness’s amendment, those details are being informed by the expert group of clinical, legal and social care experts appointed in January to assist the Government in responding to the inquiry recommendations—and I shall refer to that group again in a moment.
In answer to the noble Baroness, Lady Brinton, on the selection of a chair for the IBCA, I gave reasons earlier why, although we are entirely open to the suggestion that the chair of the IBCA should be a High Court judge or, indeed, a retired judge, we may need to allow for the possibility that no judge will be available or willing to occupy that post. We want the right person in place as expeditiously as is proper. What is most important in that connection is that the IBCA is operationally and functionally independent and seen to be so, and the way in which we are framing the legislation provides for exactly that.
The government amendments are clear that a final UK-wide compensation scheme is being established, distinct from previous support schemes. The details of how payments are to be made will necessarily be set out in regulations. In any event, I can now confirm to the House that it is not the Government’s intention to deduct any past support or ex gratia payments, excluding any interim compensation payments, from the final compensation payments made by the infected blood compensation scheme. I hope that that provides the noble Baroness with some welcome reassurance on the points that she raised.
As I said earlier, I am not in the business of prolonging people’s uncertainty unnecessarily. I understand that the infected blood community and Parliament are keen for transparency on the Government’s intentions in regard to the compensation scheme. As my noble friend Lady Sanderson has rightly raised, there have been concerns about the anonymity of the expert group —and I have listened to those concerns. The Government took the decision not to publish the names of the expert group members alongside the terms of reference to safeguard the privacy and the ability of the experts to continue their front-line clinical roles while advising on government policy. However, once their initial work has concluded, the Government will ensure that the identities of the experts are disclosed.
Additionally, in the spirit of transparency, the Government will commit to publish the compensation tariffs when they are available, ahead of secondary legislation. I hope that my commitment to these actions today will provide the noble Baroness, Lady Brinton, with confidence not after all to press her amendment when it is reached. The Government amendments as drafted provide workable and appropriate legal powers to establish a compensation scheme in a way that is deliverable by government—and I fear that, should the noble Baroness’s well-intentioned amendments be moved and carried, this will simply not be deliverable for the Government and could ultimately delay the payment of compensation.
I turn to Amendment 119BA in the name of the noble Baroness, Lady Meacher. We absolutely respect the principles that the noble Baroness has raised, and the need for the infected blood compensation scheme to be efficient, fair and accessible to deliver justice effectively. It is our sincere intention to deliver this and put the needs of victims at the forefront of the operation. In saying that, I should add, as she will understand, that there are clearly many different needs and perspectives to take into account. The imperative for the new infected blood compensation authority to act effectively and efficiently towards that aim is already provided for
in paragraph 11 of the new schedule to Part 3, as set out in government Amendment 121A. Creating more statutory provision around the exercise of functions is, I can assure the noble Baroness, not required.
I move to amendments that deal with adhering to the recommendations of the infected blood inquiry’s second interim report on compensation. These are Amendment 119EA, in the name of the noble Baroness, Lady Featherstone, and Amendments 119D, 119E, 119K, 119M and 119U, in the name of the noble Baroness, Lady Brinton. Ministers are clear that recommendations of the infected blood inquiry should form the basis of the government response. In January this year, an expert group was appointed to provide technical assistance in understanding how the inquiry’s recommendations could work in practice. I assure the House that the expert group is intended to build on and not replace in any way the recommendations made by Sir Brian Langstaff. This will help to ensure that the Government are able to respond to recommendations in a manner that reflects the impact that the scandal has had on the lives of individuals, while also considering what implications that has for delivery.
There are some specific instances where we must divert from recommendations in order to make the compensation scheme deliverable for the Government and to ensure that payments reach those eligible as swiftly as possible. I emphasise again that we are committed to working with the infected blood community to ensure that the compensation scheme meets its members’ individual needs. However, on reflection, I hope that the noble Baroness will understand that a formal consultation with legal representatives across the UK would lead to one sure outcome, which would be to delay the process of establishing the scheme. We do not consider that it is required.
The Government are acutely aware of the importance of establishing an accessible and sensitive compensation scheme for victims of inflected blood. I am grateful to the noble Baronesses, Lady Meacher and Lady Brinton, for their Amendments 119MA, 119V and 119VA, which speak to the support for claimants who would be accessing the scheme. First, I want to be clear that the infected blood compensation authority will provide support to applicants and, within this support, will consider the provision of legal support services. The government amendment allows for that support to be provided for victims, and the House can expect the Government to work with the infected blood compensation authority on the support that is required.
The government amendments set the legal framework required to enable the Government to move quickly to establish a compensation scheme; they do not limit in any way the procedure for applications. However, the operation of a scheme must be efficient and user-friendly. In-person hearings, as proposed in one of the amendments, could extend the timeline for payments for individuals. We will need to consider that idea carefully, alongside the delivery of the scheme as a whole.
The Government also recognise the benefits of providing legal assistance to individuals accessing the compensation scheme. I shall take that point away with me, in the way that I have just indicated—and I refer noble Lords to government Amendment 119S in this connection.
Leaving aside the fact that it would be undesirable to commit in this legislation to a panel of specific law firms to undertake government-funded work, it is important that any support provided is well considered against two principal benchmarks: first, that it provides the most benefit for claimants and, secondly, that it is consistent with the appropriate management of public funds.
I turn to Amendments 119CB, 119DA and 119DB, which introduce the word “harmed” into the government amendments that identify who may be eligible for compensation within regulations. I assure the noble Baroness, Lady Meacher, that the existing wording is sufficiently wide to capture all those infected and affected by the treatment of infected blood, and the additional drafting that she has suggested is not required.
Amendments 119J, 119P and 119T would change “may” to “must”. These amendments could inadvertently limit the breadth of what could be done under a general power and are therefore not considered appropriate at this stage. This is about having a process that is efficient for victims and that also allows for oversight of public money. I am very happy to meet noble Lords to discuss this issue further. Amendment 119P is a good example. If we were to change “may” to “must”, as that amendment proposes, it would be, as it were, dictating to the IBCA what it has to do. We are keen not to do that where we do not have to, because of the need to give the IBCA autonomy. I give that as an example.
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Similarly, the deletion proposed in Amendment 119LA should not be made, in our view. It is absolutely not intended to unfairly restrict those who are eligible to apply to the scheme from being able to do so. All that this does is to provide the Government of the day with the ability and flexibility to impose time limits, where these are required, to ensure that the scheme design is fit for purpose. The regulations relating to payments will be subject to the “made affirmative” procedure, and Parliament will have an opportunity to scrutinise these provisions.
I turn to Amendment 119PA, in the name of the noble Baroness, Lady Featherstone. The government amendments make provision for internal reviews of compensation decisions by the new infected blood compensation authority and for related rights of appeal to the First-tier Tribunal. Further appeals against First-tier Tribunal decisions are possible. I reassure the noble Baroness in regard to that amendment that the First-tier Tribunal considers findings of fact to correct any decisions that are referred to it, and there is an established route for further appeals from First-tier Tribunal decisions—the Upper Tribunal, the Court of Appeal and ultimately the Supreme Court—so there is no need, in our view, to depart from that as the amendment proposes. It is our judgment that utilising existing tribunal systems is the best way to provide a fair and accessible appeal route without any unnecessary delay to the establishment of the compensation scheme. We have given this careful thought and it is our judgment that the interests of victims will be served better in this way.
Amendment 121H, which would provide that all non-executive members are appointed by the chair, rather than initial non-executives being appointed by the Secretary of State, would unnecessarily delay the establishment of the ALB. I do not think it is at all desirable, and I remind the noble Baroness of what I emphasised earlier about the way we propose to use the ALB’s committees and sub-committees.
I want to provide clarity to the noble Baroness, Lady Brinton, on the status of the £100,000 payments to the estates of deceased infected individuals registered with current and previous support schemes, as introduced by the government amendment. It is the Government’s view that the word “interim” is not required, because these payments will be made through the infected blood support schemes, and the infected blood compensation authority has all the legal powers required to make any further payments under the final compensation scheme.
Finally, let me address Amendment 119YC in the name of the noble Baroness, Lady Brinton. I thank her for her amendment and I note that her intention is to open a debate on the potential benefits of a single body to administer compensation in cases of failures by public bodies. The Government firmly believe that access to redress is fundamental in upholding justice and fairness in our society. Individuals must have avenues to seek recourse when they have been wronged or harmed. That is precisely what we are seeking to achieve today for the victims of infected blood. However, we must be cautious in considering a body which sets up a uniform system for redress and compensation. Circumstances which lead to the need for redress can be vastly different, and any schemes must have the capacity to reflect those differences to ensure that impacted individuals can receive the best possible redress. Therefore, while there is merit in continuing discussion on this area, and I will be glad to do so, I am grateful to the noble Baroness for making clear her view that this Bill is not the correct vehicle for pursuing the establishment of such a body.
Today’s debate is an important step for victims of infected blood. My firm desire is for us now to work together to ensure that every provision and every commitment made in this House is deliverable and meaningful to those people who desperately need compensation. I am very happy to have further meetings with noble Lords. I therefore earnestly entreat them to hear and embrace the steps we are taking today and have confidence in the Government’s intentions. The government amendments provide the appropriate and workable legal framework we need to get on with this very important work and I hope the House will support us in progressing it.