HL Deb 27 November 1989 vol 513 cc241-2

2.50 p.m.

The Earl of Kinnoull asked Her Majesty's Government:

Whether they will review their decision concerning immediate compensation or support to haemophiliacs who have contracted AIDS through National Health Service treatment.

The Parliamentary Under-Secretary of State, Department of Health (Baroness Hooper)

My Lords, my right honourable friend the Secretary of State for Health announced last week that in addition to the £10 million made available to respond to this tragic situation in 1987 a further £19 million ex gratia allocation to the Macfarlane Trust would be available this year. This is not compensation; compensation is a matter for the courts.

The Earl of Kinnoull

My Lords, I thank my noble friend for repeating the details of the Written Parliamentary Answer last week and I pay tribute to the Government for responding positively to this awful human tragedy and giving further financial support to individuals and their families. But for reasons of clarity may I ask whether the Government are satisfied that the trustees of the Macfarlane Trust are legally capable under the terms of the trust of distributing across-the-board payments? If there is any doubt, can this be settled by granting them an indemnity? Secondly, are the Government aware that the mathematical formula of the registered sufferers and the sum promised in the Statement of £20,000 per case exceeds the £19 million? Is the £20,000 per individual a positive commitment? Thirdly —

Noble Lords

Order! Two questions only.

The Earl of Kinnoull

Very well, I shall come back to that later.

Baroness Hooper

My Lords, it is a matter for the trustees of the Macfarlane Trust to allocate funds in the way that they consider best meets the needs of those eligible for help. There should therefore be no need for or question of an indemnity from the Government in this respect.

The additional contribution of £19 million will enable the trust, if it sees fit, to make lump sum payments of £20,000 available to each haemophiliac infected with the AIDS virus as a result of treatment with blood products in the UK or indeed to the family of such a person who may have died. Nevertheless, we are discussing with the trustees the methods of implementation and we certainly hope the payments will be made as soon as possible.

Lord Molloy

My Lords, can the noble Baroness confirm in regard to Factor 8 that tests have shown it to be 80 per cent. HIV positive and that it is an American product imported into this country because the Government stopped the production of our own, which was quite safe? Is there not, therefore, a clear case for the Government paying full compensation to the victims that they with their policies have created?

Baroness Hooper

My Lords, the position under successive governments has been that there is no system of no fault compensation for medical accidents. The Pearson Commission considered the arguments but did not recommend such a system. The Government's ex gratia payments to the Macfarlane Trust recognise the unique circumstances of haemophiliacs infected with the AIDS virus and their special needs. The question of Factor 8 and the history in that connection is a matter on which I should not comment in more detail at this point since these matters are before the courts.

Lord Molloy

My Lords, is the noble Baroness aware that I asked an extremely vital question? It is a question all haemophiliac families are asking. Was a British product in the course of production which was stopped by government action? Did the Government then order the importation of Factor 8, which has caused all the trouble as in the first place they stopped the production of the British product?

Baroness Hooper

My Lords, the noble Lord is endeavouring to make me admit fault on behalf of the Government. Since this matter is currently before the courts it is not appropriate for me to comment further.

Lord Ennals

My Lords, is the Minister aware that, although I very much welcome the additional payment that has now been offered, I am concerned that the Macfarlane Trust said over the weekend that the Government had put it in an impossible position? I am very glad that talks are to take place. Can the Minister give an assurance that the full amount of £24 million, which is what is required, will be made available? Secondly, can the money be made available before Christmas? That is the least that the trust would want.

Baroness Hooper

My Lords, in the announcement made last week the Government committed themselves to making a further £19 million available. This is in addition to the £10 million previously made available, which has certainly not all been spent by the Macfarlane Trust.

Lord Ennals

My Lords, before Christmas?

Baroness Hooper

My Lords, the answer is as soon as possible.