Hepatitis C Infection (Hansard, 24 May 1999)

§ The Parliamentary Under-Secretary of State, Department of Health (Baroness Hayman)
My Lords, the Government made a thorough assessment in 1998 of whether it would be right to introduce a special payment scheme for people with haemophilia infected with hepatitis C through NHS treatment. We concluded that this would not be appropriate and that such patients should continue to obtain support as necessary through the benefits system in the same way as other NHS patients who have suffered non-negligent harm.

§ Lord Morris of Manchester
My Lords, the Secretary of State for Health said last July that the social stigma of HIV and the danger of infecting partners were "important considerations" in granting special payments for HIV infection which do not apply in the hepatitis C cases. Can my noble friend point to where that was officially stated when the Major Government announced their HIV compensation scheme? Is my noble friend aware that governments elsewhere see no such distinction, and that Canada, Italy and Ireland already have special financial schemes for hepatitis C infection? How many NHS patients infected with hepatitis C have since died of liver disease? And when can we expect a response to the Haemophilia Society's urgent request for a public inquiry?

§ Baroness Hayman
My Lords, I understand the strength of feeling. The campaign that the Haemophilia Society waged was moving and forceful. However, we concluded that a public inquiry was not the way forward and would not help prevention of future transmission. That has been covered by advances in screening and the ability to make blood products safer. I recognise the belief that there is a comparison with the HIV special payments. But there are also comparisons with large numbers of other patients who have suffered non-negligently as a result 632 of treatment given as the best at the time. It is a difficult area but we do not believe that it would be appropriate to offer special compensation.

§ Lord Clement-Jones
My Lords, can the Minister confirm that this is a clear breach of a pre-election pledge given by her party? Can she explain why countries such as Australia, the US, Ireland, New Zealand and Germany—the noble Lord, Lord Morris, mentioned others—have circumstances which are quite different from the United Kingdom?

§ Baroness Hayman
My Lords, it is difficult enough to answer for one government. I am not sure that I should answer for six others. Recompense for non-negligent injury varies from country to country. In this country it has been well established that we do not compensate for non-negligent harm caused through NHS services. Although that is difficult for people who have suffered a great deal, we have to recognise the implications as regards resources available for patients at present were we to adopt a different attitude.
My noble friend asked about the number of haemophiliacs infected. It is estimated that some 4,000 people were infected with hepatitis C through NHS treatment. About 90 of those have died; and about six or seven are awaiting liver transplants.

§ Baroness Gardner of Parkes
My Lords, can the Minister confirm that the only guaranteed non-infectious material that can be given to haemophiliacs is Recombinant Factor VIII? Perhaps the noble Baroness will tell us the present position. I understand that because the product is chemically manufactured rather than being a natural product, it carries VAT. Many of the centres working with haemophiliacs find that a heavy burden on their NHS budget. Is anything being done about that?

§ Baroness Hayman
My Lords, the noble Baroness is correct. We can guarantee a lack of risk with the synthetic Recombinant treatment. It is because of the anxiety about a possible rather than proven risk that the NHS provides that treatment to children and new patients. I shall make inquiries about the VAT issue and write to the noble Baroness.

§ Baroness Masham of Ilton
My Lords, does the Minister agree that the worry about hepatitis C goes wider than just haemophilia? The problem as regards liver transplant units and the transfusion service is very great. When will the Government bring out guidelines about testing treatment, and counselling for patients?

§ Baroness Hayman
My Lords, the noble Baroness is right. Liver disease affects people other than those with haemophilia and causes an enormous strain. It is a very unpleasant disease and the difficulties of transplantation are enormous. I met the British Liver Trust about the way forward and improving 633 guidelines. I believe that there is the opportunity to give better advice throughout the health service as to patterns of treatment for people with liver disease.

§ The Earl of Longford
My Lords, will the Minister be kind enough to look at the experience of other countries? One is under the impression that they do a great deal more than we do in this respect.

§ Baroness Hayman
My Lords, I undertake to consider whether there are specific differences in the treatment of people with haemophilia infected through blood products with hepatitis C to see whether lessons can be learned. Different jurisdictions deal in different ways with non-negligent injuries. Those issues were considered at some length by the Government in 1998. However, I shall look at them again.

§ Lord McNair
My Lords, does the Minister accept that if I and thousands of reports in medical journals over the past 100 years are correct about the anti-infective properties of oxygen therapies, many of these sad cases might not have proved fatal? Will she consider encouraging research into whether ozone or hydrogen peroxide could be used to purify blood products in order to ensure that such incidents do not happen in future?

§ Baroness Hayman
My Lords, the House will be aware that detailed expert committees are examining the safety of blood products across a range of activities. We take the best possible advice in ensuring the safety of all the products used. I know that the noble Lord has a particular interest in hydrogen peroxide therapy and the benefits it may offer. I shall undertake to see whether there is literature which suggests that it might be possible in this case.

§ Lord Monkswell
My Lords, we all hope that the welfare state can take up the problem of non-negligent injuries. However, is my noble friend aware of the erosion of unemployment benefit and pension provision to half their real value that occurred under the previous government? Will my noble friend make representations to the Chancellor of the Exchequer to see whether there can be recompense for that erosion?

§ Baroness Hayman
My Lords, my noble friend tempts me into wider areas of welfare reform. The Government's policy in providing extra help to severely disabled people in the greatest need may help some of the people with haemophilia to whom reference has been made, particularly haemophiliacs under the age of 20 who have not had the chance of working. In future, they will receive incapacity benefit at a much higher level than the old severe disablement allowance.

§ Lord Hayhoe
My Lords, can the Minister say how much the Government save by not extending to those infected with hepatitis C a scheme similar to that available to those with HIV?

§ Baroness Hayman
My Lords, estimates made at the time indicated that the cost of such a scheme would be in the order of £220 million, excluding start-up costs and the costs of managing the process.