The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Baroness Twycross) (Lab)

My Lords, almost five months have now passed since Sir Brian Langstaff published the final report of the infected blood inquiry on 20 May. I am grateful for this opportunity to debate the contents of that report, having now had the time to digest the contents of the very comprehensive report in full. I begin by paying tribute to Sir Brian and his team for the dedication and time that went into delivering this crucial report. The inquiry has handled an immensely challenging and sensitive issue with extreme care, and it is as a result of its commitment that the truth has finally been uncovered. I also offer my gratitude to those in the infected blood community who came forward to participate in the inquiry. Their courage in doing so was immense; the Government and the nation owe them our utmost thanks. I thank noble Lords who have played a prominent role in bringing the work to this point for the important contributions they have made in this House. In particular, I thank the noble Earl, Lord Howe, who, through the Victims and Prisoners Act, put in place the legislation that provides the necessary legal framework to establish the Infected Blood Compensation Authority and enables the set-up of the infected blood compensation scheme through regulations. Sir Brian’s report laid bare the unforgivable failures of the state, and the deep-rooted and long-lasting trauma that has been inflicted on the victims of this scandal. I reiterate the unequivocal apology on behalf of this Government and Governments past. The infected blood scandal is a subject of national shame and nothing can ever fully right the wrongs done to those impacted. Particularly distressing is the treatment of children who were subject to unethical medical research. Parents entrusted their children to these institutions and were assured that they were safe, only to be betrayed in the most shocking way. I cannot imagine the suffering that these families have endured. I found the descriptions in the section on people’s experiences deeply moving. I recognise that an apology also means very little without action: without tangible plans for improvement. I hope that, over the course of this debate, I will be able to provide some reassurance to the community, and to your Lordships, that the Government have listened: that actions are being taken to ensure that nothing like this will ever happen again. The inquiry’s findings are incredibly distressing to read and I thank Sir Brian for the unflinching honesty with which he delivers them in his report. The report states that “what happened would not have happened if safety of the patient had been paramount throughout”. This is a consistent theme throughout the report and remains apparent as the scandal evolved and different threats emerged. Patient safety consistently took a back seat to a variety of operational and reputational challenges for the Government. Indeed, Sir Brian’s report notes that, during the emergence of AIDS, the safety of the blood supply should have been the central focus. It should disturb all of us in your Lordships’ House that this was not the case. The conclusions in the report of a cover-up driven by those in positions of power are sobering for us all. Individuals put their own self-interest before the safety of those they were supposed to serve. Sir Brian’s findings on the Government’s actions, and what he described as the “defensive culture” that led to many of the decisions that precipitated this scandal, are important to discuss. Indeed, Sir Brian highlights “the consequences of civil servants and ministers adopting lines to take without sufficient reflection, when they were inaccurate, partial when they should have been qualified, had no proper evidential foundation … or made unrealistic claims that treatment had been the best it could be”. A crucial example of this is the use of the phrase “no conclusive proof”. In volume 1 of the inquiry, we read that the first use of “no conclusive proof” appears in a line to take drafted for the then Prime Minister in 1983: “It is important to put this in perspective: there is as yet no conclusive proof that AIDS has been transmitted from American blood products”. The accompanying briefing note included the sentence: “As yet there is no conclusive proof that AIDS is transmitted by blood as well as by homosexual contact but the evidence is suggestive that this is likely to be the case”. Throughout the period of increased parliamentary and media scrutiny in 1983-84, this caveat was omitted. As Sir Brian states in his report: “This line to take, whilst technically correct, was indefensible. It did not spell out the real risk. It gave false reassurance. It lacked candour and by not telling the whole truth was misleading … No minister challenged the ‘no conclusive proof’ line”. His words paint a disturbing picture of a Government and a state more worried about the abundance of the blood supply than about the safety of the blood supply. There is a wealth of evidence uncovered by Sir Brian that points to the same thing: a state more focused on protecting itself than on protecting its people. This is utterly unacceptable. I will move on to discussing Sir Brian’s recommendations and the progress we have made, but I stress that, in doing so, I do not want to minimise in any way the report’s findings. It is impossible to find the words that capture the severity and gravity of what is described in the report. It is incumbent on all of us to do what we can to provide justice to those impacted and ensure that no such disaster and scandal can ever be allowed to occur again. I turn now to the 12 recommendations the inquiry makes in its report. The recommendations are wide-ranging and still being given full consideration by the Government. The Minister for the Cabinet Office will update Parliament on the progress made on considering and implementing each of the recommendations by the end of the year. I will briefly touch on some of the recommendations now, but I know that noble Lords will draw out others in the debate. First, progress is being made on compensation. Over £1 billion has already been paid out in interim compensation, and the Government will pay out interim payments of £100,000 to the estates of the deceased people who were infected with contaminated blood or blood products and have not yet been recognised. This reflects the agreement reached in this House under the Victims and Prisoners Act, and I pay tribute to the many noble Lords who supported this important work and continue to be advocates for the infected blood community. I am also pleased that, on 23 August, the Government laid the necessary legislation to enable the Infected Blood Compensation Authority to begin making payments to people who are infected, both living and deceased. The Government expect the Infected Blood Compensation Authority to begin payments under these regulations by the end of this year, and the authority is doing everything possible to be fully ready to deliver payments to as many people as possible, as soon as possible. Further regulations will be required for people who are affected. However, this will not impact the Government’s intention for the Infected Blood Compensation Authority to start making payments to people who are affected in 2025. This progress came following a considerable engagement exercise undertaken by Sir Robert Francis KC —the interim chair of the Infected Blood Compensation Authority—in June this year with members of the infected blood community. In August, Sir Robert’s report was published, alongside a final report from the Infected Blood Inquiry response expert group, and a detailed policy document from the Cabinet Office setting out the design of the scheme, including case studies with examples of how this would work in practice. Secondly, this Government are prioritising patient safety to ensure that the NHS treats people with the high quality and safe care that they deserve. Repeated inquiries and investigations have highlighted significant issues with patient safety, and this has contributed to a deterioration in public confidence. This is something that we must address. The Secretary of State for Health has already been clear that we will not tolerate NHS whistleblowers being silenced. A culture of openness and honesty is vital for ensuring patient safety. We want and need NHS staff to have the confidence to speak out and come forward if they have concerns. I am pleased to say that, on recommendation 5— “Ending the defensive culture in the Civil Service and government”— work is under way across government to ensure that we reflect fully on Sir Brian’s words. In the King’s Speech opening this Parliament, the Government set out their commitment to bringing forward legislation to introduce a duty of candour for public authorities and public servants. The Prime Minister confirmed at the Labour Party conference that legislation on a duty of candour will be delivered by this Government. He confirmed that the duty will apply to public authorities and public servants and will include criminal sanctions. Work continues on the scope of the Bill. I know that colleagues across the House will have strong views on this, and I welcome the opportunity to come together and debate the Government’s proposals when the Bill is introduced. The 12th and final of Sir Brian’s recommendations relates to giving effect to the recommendations of his report. I acknowledge the criticism that has been made, both by parliamentarians and others, on the failure of Governments to give proper regard to the recommendations of previous statutory inquiries. The Government are determined to ensure that no such criticism can be levelled against the response to Sir Brian’s report. I am aware that the updates provided on progress in my statement are by no means exhaustive, nor do they cover the full breadth of the recommendations laid out by the inquiry. As I said, my right honourable friend the Minister for the Cabinet Office will set out in more detail the Government’s response to the recommendations in a Statement in the other place by the end of this year. Finally, I thank noble Lords for their understanding on the need for quick progress on the first set of regulations, made possible via the “made affirmative” procedure. To remain in force, the regulations must be debated and approved by Parliament by 23 October. I look forward to discussing this important matter further. As I am sure all noble Lords can agree, it is critical that the Infected Blood Compensation Authority retains the legal powers needed to begin making payments as soon as possible, enabled by these regulations. I am aware of the interest that this topic holds across the House, and I will hold a drop-in session for all noble Lords who may have specific questions on the Government’s progress. Let us be in no doubt as to the importance of the report’s findings. I reiterate my thanks once again to Sir Brian and his team and to all those who came forward to share their stories, no matter how painful. The report lays bare the failure of the British state and the institutions in which people place their trust—institutions, indeed, in which we ask people to place their trust. That failure leaves an indelible stain on our nation, a mark of shame upon each and every person who allowed it to be perpetuated. Nothing that I can do or we can say will right the wrongs done to those infected and affected by this scandal. The best that we can do is to read, to reflect and to honour the courage of those impacted by this scandal and take the necessary action to ensure that something of this nature is never allowed to happen again in our country. I beg to move.