AIDS: Compensation
NESS HOOPER]
Mr Sainty. uselt.
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[LORDS]
These blood transfusion cases fall into the general medical accident category for which compensation must be sought through the courts. An exception, for the reasons on which I have at some length elaborated, was made in the case of haemophiliacs because they have very exceptional circumstances.
Lord Kilmarnock: My Lords, the Question of the noble Lord, Lord Molloy, did not address no-fault compensation. It asked about this particular group of people.
Baroness Hooper: My Lords, the logical inference to be drawn from the Question is that the noble Lord, Lord Molloy, wishes to bring in some measure of no-fault compensation.
Lord Campbell of Alloway: My Lords, is my noble friend aware that consideration is being given at this moment as to whether a Select Committee of your Lordships House should be set up to consider no-fault compensation for medical accidents?
Baroness Hooper: My Lords, there has been a clear and recent parliamentary decision not to introduce no-fault compensation for medical accidents. Measures are already under way which will improve the procedures for those who take legal action. The Department of Health is committed to giving further consideration to improvements in the current arrangements both for dealing with claims of medical negligence and for improving on knowledge of the issues and numbers involved. All that is in the light of the debate and discussions in this House to which my noble friend contributed.
Lord Ennals: My Lords, does the Minister accept that, whether or not one takes a pro or a negative view about no-fault compensation --we on these Benches take a positive view-this Question is not about no-fault compensation? Is not the issue at stake the group of people who, as a result of infected blood transfusions, now have HIV or AIDS? Further, does she agree that that applies not only to haemophiliacs but also to the figures to which she referred in her Answer?
Is it not unjustified that these people who do not happen to be haemophiliacs but who, nevertheless, are suffering from the same dangers-that is, from either the disease or the fear of the disease-should not be considered? Therefore, will the Government look again at the matter? We are talking about a relatively small number of people, but a small number who are facing misery as result of what was an infected blood transfusion administered through the NHS.
Baroness Hooper: My Lords, I appreciate the concern about the matter. However, it is a difficult issue. The noble Lord argues that the cost involved is comparatively small, because the number of people in question is relatively small. But that view overlooks the unfairness which could result if a similar extension was not allowed to other disadvantaged groups. I refer not only to those injured as an unfortunate side effect of, perhaps, National Health Service treatment, but also to those suffering from an inherited disability.
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Baroness Masham of Ilton: My Lords, is the Minister aware that there can be a period when the blood has been tested but it does not show up the presence of the HIV virus and the person concerned can still become infected? Can she say what facilities are available for people who are going to have operations to have their own blood?
Baroness Hooper: My Lords, the noble Baroness has developed the point a little too far. However, I shall be delighted to answer her question if she chooses to table it at a future date.
Lord Molloy: My Lords, all that the Minister said is, to a degree, understandable. However, I do not believe that the general public will understand it. Where there is someone in a family who has AIDS, people do not seek to excuse it by saying that that person got it from the NHS; they have to face the terrible fact that that person is infected. Is the noble Baroness prepared to consider the Canadian response to the problem? That country suffered from the disease through being so close to America. It has evolved a much fairer, more just and humane scheme to help everyone.
Baroness Hooper: My Lords, we are constantly looking at ways in which we can improve the lot of those suffering from AIDS for whatever reason.
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The Dalai Lama
Baroness Ewart-Biggs asked Her Majesty's Government:
Whether, in view of the recent meeting between President Bush and the Dalai Lama, the Prime Minister will now agree to meet the Tibetan leader.
Lord Reay: My Lords, my right honourable friend has no plans to do so.
Baroness Ewart-Biggs: My Lords. I am grateful to the Minister for that Answer, disappointing though it was. In view of the fact that Her Majesty's Government loyally follow the United States' Government down so many avenues-in some cases some of us feel wrongly-will he agree that this is an initiative which we might safely and rightly emulate? Can the Minister say what discussions took place and what representations the Foreign Secretary made to the Beijing Government when he recently visited China? Further, can the noble Lord give the House an idea of the number of political prisoners in Tibet and the number of prisoners held without trial by the Chinese authorities in that country?
Lord Reay: My Lords, I am not aware of any current plans by the Dalai Lama to visit the United Kingdom. Therefore, the noble Baroness's question is hypothetical. At what level he would be received on any future occasion would be a matter for decision at that time. With regard to his recent visit, as the Dalai Lama is a political as well as a spiritual figure, my right honourable friend the Prime Minister and my right honourable friend the Secretary of State decided