HL Deb 10 November 1987 vol 489 cc1285-8

2.55 p.m.

Lord Campbell of Croy

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government what proposals for action they are considering towards haemophiliacs who were infected with the AIDS virus through injections required for their condition, within the National Health Service, before the Factor VIII serum was made safe.

The Parliamentary Under-Secretary of State, Department of Health and Social Security (Lord Skelmersdale)

My Lords, my right honourable friend the Secretary of State for Social Services and my honourable friend the Minister for Health met representatives of the Haemophilia Society on 3rd November. The society presented a case for special financial help for people with haemophilia who have been infected with the AIDS virus. We are giving careful and urgent attention to the representations it made.

Lord Campbell of Croy

My Lords, I am grateful to my noble friend for that reply. Is he aware that those people, who number about 1,200 in all, are the victims of a tragic misfortune through no fault of their own? Many of them are not in a position to proceed through the courts, where in any case negligence is unlikely to be an issue because the danger was not known at the relevant time.

Lord Skelmersdale

Yes, my Lords. My noble friend has described the plight of those unfortunate people very well indeed. I agree that compensation as such will not be appropriate. Throughout that unfortunate period we were relying on what I might call state of the art technology.

Lord Mellish

My Lords, is the Minister aware that there will be universal support for the points made by the noble Lord, Lord Campbell? It is to be hoped that the Government will show generosity and will understand that such people are genuine victims as the serum was not known to be infected and we knew nothing about AIDS at that time.

Lord Skelmersdale

Yes, my Lords. My right honourable friend is well aware of the tremendous sympathy which abounds in this country for those people.

Lord Winstanley

My Lords, are there not two vital questions which the department must answer? Knowing that patients suffering from haemophilia were treated with blood products infected with the AIDS virus, must we not first know whether the Government were aware that the products were infected at the time; and, if the Government were not aware, should they have been aware? If the answer to those two questions is yes, do the Government not have a moral as well as a legal responsibility to compensate the victims?

Lord Skelmersdale

My Lords, as I explained in answer to an earlier supplementary question, throughout this unfortunate period we were using what I described as state of the art technology. So far as I know, the Government's knowledge was up to date at all times. Nonetheless, there is no doubt that Factor VIII was contaminated.

Baroness Masham of Ilton

My Lords, if England and Wales had been self-sufficient in blood products, as Scotland was, would the tragedy have been as great as it now is? Will he agree that those haemophiliacs have a double tragedy in suffering not only from haemophilia but also from AIDS? Are the problems of their families not also very great?

Lord Skelmersdale

My Lords, as I have said, neither medical science nor technology was initially able to prevent the devastating impact of the disease. The availability of heat treatment processes and screening tests provided a breakthrough in the safety of Factor VIII serum from whatever source. No haemophiliac patients are known to have been infected with the AIDS virus following the use of blood products in the past 12 months.

Baroness Seear

My Lords, is the noble Lord able to give the House any idea when there will be an answer to the inquiry? Many of those people are suffering grievously, financially as well as medically. They will be most anxious to know as soon as possible what help, if any, will be given.

Lord Skelmersdale

My Lords, I do not have an answer to that question. However, I hope that it will come very soon, and I take the noble Baroness's point.

The Earl of Halsbury

My Lords, is this not a recap of the thalidomide situation? No one knew that drug was going to have the effects that it had. An honourable settlement was made by the Distillers Company, of which I was then a director, in favour of the victims. Can Her Majesty's Government not follow the lead that has been given?

Lord Skelmersdale

My Lords, I am sure that my right honourable friend will have that point in mind.

Lord Prys-Davies

My Lords, we are particularly anxious that the Government's sympathy for haemophilia/AIDS victims should be translated in the short term into practical support. Will the Minister confirm to the House that the inquiry will consider the following three questions? As the haemophilia/AIDS victim has to meet exceptionally heavy additional expenditure because of his two life-threatening diseases, will the Government consider introducing a special weekly benefit to haemophilia/AIDS victims? Secondly, as a large number of haemophilia/AIDS victims have family dependants—

Noble Lords

Too long!

Lord Prys-Davies

—will the Government consider how that dependency can be met during the onset of the disease and after the death of a breadwinner? Finally—

Noble Lords

Too long!

Lord Prys-Davies

—are the Government satisfied that the quality of counselling and the facilities available to haemophilia/AIDS victims are consistent with their right to dignity and privacy?

Lord Skelmersdale

My Lords, the Government will of course consider the first two points. As regards the last point, we have provided £104,000 to each of the six haemophilia reference centres in England so that they may provide haemophiliacs and their families with the specialist HIV counselling that is needed.

Lord Winstanley

My Lords, perhaps the noble Lord can answer one short and specific question. Have all stocks of blood products which may have been contaminated with the AIDS virus now been destroyed?

Lord Skelmersdale

My Lords, I do not know the answer to that. I shall look into it. What I know is that no untreated or unscreened blood products are now in use.

Lord Campbell of Croy

My Lords, in considering this matter urgently will the Government bear in mind a possible comparison with the vaccine damage scheme and the special arrangements made there? Sixty of these people have so far developed AIDS and 45 of them have died.

Lord Skelmersdale

My Lords, I am not sure that that scheme is comparable; but I shall certainly make sure that it is looked into.