Baroness Finn (Con)

My Lords, I welcome the progress that has been made by the Infected Blood Compensation Authority—IBCA—and the Government in delivering payments. I pay tribute to the work of Sir Brian Langstaff and all those involved in the Infected Blood Inquiry and its additional report. This report made a number of recommendations to improve the compensation scheme. The Government have broadly accepted the recommendations, five of which are given effect by the regulations before us. After the catastrophic failures that led to the infected blood scandal, it is vital that justice is delivered swiftly and fairly to all who were affected. I also take this opportunity to thank the noble Baroness opposite for her letter of 27 November, which addressed some of the questions that were raised when we discussed this matter on 4 November. In particular, I am glad to see in response to my question about the steps the Government and IBCA are taking to ensure that those who should be prioritised for compensation are being identified that the noble Baroness has confirmed that IBCA will prioritise claims in the order recommended by the inquiry. In line with my colleagues in the other place, I make it clear at the outset that His Majesty’s Opposition support these regulations. There are no substantive differences between the position of the Government and that of the Opposition, or even of the previous Government. However, we cannot forget that we are discussing one of the most egregious and profound injustices: the infliction, collectively, of grievous harm upon thousands of people by the state. It is paramount that we have a scheme which delivers justice and redress compassionately, quickly and fairly. We support the five recommendations that the Government are accepting and legislating for today. I welcome that they go some way to making this ambition a reality. The changes include: provision to remove the 1982 start date for eligible HIV infections; removing the need for applicants with hepatitis C or B to evidence their date of diagnosis, which does not have a bearing on the calculation of an individual’s compensation; and removing the earnings floor on the exceptional loss award for the financial loss supplementary route, thereby creating a route for infected people to present evidence on their actual earning loss. We welcome the Minister’s confirmation that lifting the HIV start date means that it will not matter when a victim was infected with HIV, provided that the infection arose from treatment with contaminated blood or blood products administered before 1 November 1985. However, can the Minister confirm that this also applies to those who only discovered or were only informed much later that they were infected, but where the likely cause was treatment before the relevant date? Similarly, can she assure the House that no one who should be eligible will fall through the cracks because of earlier failures in record keeping, particularly those infected as children whose medical records may have been incomplete at the time? We must ensure that no one is denied the compensation they both need and deserve, and I am sure that this is something the Government will wish to avoid. The Minister will also be aware of the representations from those deliberately infected with haemophilia as part of clinical studies and of their deep concern at the proposed level of compensation for deliberate infection. Will the Minister commit to working with Sir Brian to review whether that component is appropriate? When we debated this matter on 4 November, the noble Baroness, Lady Brinton, and I raised concerns about IHT and the risk that the Government could be giving out compensation with one hand and clawing it back with the other. The Minister said in response to our concerns that she was listening and would seek to arrange a meeting with Treasury officials to discuss this issue further. Can she update us on this meeting, and what recommendations or changes have come out of it? Can she confirm that all infected blood compensation payments, whether made directly to victims or through estates, are entirely exempt from inheritance tax, regardless of the circumstances or timing of payment? The noble Baroness also raised the review by Sir Tyrone Urch when we last discussed this matter. Can she give us an update on what assessment the Government have made of the recommendations he made and whether any of them are going to be given effect? Can she please assure the House that the changes we are debating today will not impact on the timeliness and swiftness of repayment to victims, given that they will likely impact on the scale of the operation? As the Minister in the other place confirmed, we have moved from the test-and-learn approach to the exponential phase of delivery. Rather than having yet more reviews and recommendations, the Government must now focus on the delivery of IBCA at scale. The scaling up process must be commensurate with the urgency of the situation. Finally, as we have repeatedly highlighted over the past year, many victims and families still feel that they are in the dark—an issue identified again in Sir Brian Langstaff’s most recent report. The Minister in the other place has given an undertaking that transparency will be at the heart of any expert group going forward. Will the Minister commit to publishing a clear communications plan and to working with IBCA to ensure regular updates and accessible guidance in plain English so that those who may be eligible understand their rights and can access the compensation they need? I reiterate that we support these regulations but would welcome clarity from the Minister on the points that I have raised. I thank her again for the steps that she and the Government are taking to provide some redress after this terrible saga. We appreciate the need to proceed with care and consideration, but we must not lose sight of the need to scale up delivery so that the process can be as quick and effective as possible. That is the only way to ensure that those victims and their families who have already been failed so profoundly by the state face no further injustice.