Mesothelioma Bill [Lords]

Lord Walney Excerpts

Monday 2nd December 2013 Commons Chamber

[Mike Penning]

I am very pleased that I gave way to the right hon. Gentleman. The legislative consent process has taken place in Northern Ireland and in Scotland, which is important in ensuring that the Bill can go forward.

If the Bill is passed before the end of the year, the first payments could be made by July 2014, which I think is what we all want. Around 300 people a year could receive an average payment of £115,000, less benefit recovery, which will be around £20,000 on average. Timing is key, because the number of mesothelioma cases is expected to peak in 2015. We must act now and launch the scheme as soon as we can, with the regulations made as soon as possible after Christmas. I expect the regulations to be in place by April 2014.

Let us look quickly at the eligibility criteria. First, an individual has to have been diagnosed with the disease on or after 25 July 2012. Secondly, they were employed at the time of exposure to asbestos, and that exposure was due to negligence or breach of statutory duty on the part of the employer. Thirdly, they have not brought a claim for civil damages against an employer or the employer’s insurer. Fourthly, they are unable to do so—this is not a replacement for civil action. Fifthly, they are not already receiving damages or other payments relating to the disease from another source.

Eligible dependants of diffuse mesothelioma sufferers may apply to the scheme in cases where the person with the disease has died before making an application or while the application was being processed. Eligible dependants will receive exactly the same amount of money as the sufferer would have received.

A sufferer must have been diagnosed on or after 25 July 2012 to be eligible for the scheme. There are always difficulties with cut-off dates, but without one the costs would be unlimited. I know that it is unfortunate, but we have to be pragmatic as we move forward. With a cut-off date, we can proceed with the agreements.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Will the Minister give way?

[Mike Penning]

If the hon. Gentleman does not mind, I will make some progress.

The date of 25 July 2012 was when the Government announced that we would be setting up the payments scheme and so created a reasonable expectation that eligible people diagnosed with the disease on or after that date would receive a payment. The Bill does not, and cannot, look to respond to all the people who have been affected by asbestos diseases. The issue of individuals who have developed asbestos-related diseases but cannot trace a third party will have to be addressed outside the Bill. The Bill is not an appropriate instrument—I know that some people think that it is—for taking that forward.

Mesothelioma is a distinctive disease, because it is always fatal and always caused by asbestos. That allows for a straightforward scheme to be put in place as soon as possible. A streamlined scheme, such as the one we have brought forward, could not cover all the other diseases. It would otherwise be very complicated and expensive for the taxpayer.

--- Later in debate ---

[Kate Green]

I am very happy to join in that tribute to the work of trade unions, a number of which have worked over many years not only to advocate the cause of individual victims, but to maintain the pressure that has ultimately led to the scheme under discussion.

I also pay tribute to our colleagues in the House of Lords who have already carefully scrutinised and, as the Minister said, improved the Bill. In particular, I acknowledge the work of my noble Friend Lord McKenzie, who, under the previous Labour Government, launched the consultation that has resulted in this Bill. I pay tribute to his assiduousness and his determination to secure justice for the victims of this terrible disease. I also pay tribute to the noble Lord Freud, who has demonstrated his equal determination and commitment to righting a long-standing and terrible wrong by introducing the proposed scheme.

The Bill follows a series of earlier pieces of legislation passed by previous Labour Governments to improve the lot of victims of asbestos-related and industrial diseases. In 1969, Labour introduced the Employers’ Liability (Compulsory Insurance) Act 1969, requiring employers to insure against liability for injury or disease to their employees arising out of their employment. In 1979, Labour introduced and secured the passage of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, which provides lump sum compensation payments to people suffering from certain dust-related diseases or, if they have died, to their dependants, when a claim for damages is not possible because the employer or employers are no longer in business. In 2008, we introduced the mesothelioma payment scheme, which provides lump sum payments for people suffering from diffuse mesothelioma who are unable to claim compensation from other sources.

[John Woodcock]

I am really glad that my hon. Friend has mentioned the progress made by the previous Labour Government, because so many of us, including those who became Members before me, have wanted to see faster progress and have pushed for it for so long. The Minister was simply not right to say from the Dispatch Box that nothing was done in the period leading up to this Bill.

[Kate Green]

It is right to say that progress could have been faster and that more could have been done, but we should not overlook the fact that, over four decades, it is Labour Governments who have, until now, made the progress that has been made. As I have said, it was my noble Friend Lord McKenzie who began the process of consultation that has brought us to where we are today.

Specialist Disability Employment

Lord Walney Excerpts

Tuesday 10th July 2012 Commons Chamber

[Maria Miller]

I say to both the hon. Gentleman and the Remploy workers in his constituency that we are taking forward the Sayce recommendations. She said clearly that the factories should be set free of Government control. That is the process that we are working on at the moment. I hope that the hon. Gentleman would want to ensure that the 17,500 disabled people in his constituency get more help and support. Let me also remind him that Remploy employment services has done an outstanding job in his constituency, helping more than 1,300 disabled people into mainstream jobs—just the sort of jobs that disabled people would like more of, as they are telling us clearly.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

We are obviously hoping to secure a successful bid in Barrow. However, further to the questions from my hon. Friends, and after the alarmingly pejorative tone in which the Minister has described workers being “shut away” by Remploy, will she be requiring any successful bids to target future opportunities specifically at disabled people?

[Maria Miller]

The hon. Gentleman has misread my tone. I can absolutely tell him that I am working very much with disabled people on the programme that we are putting forward today. It is led by disabled people, and the plan that we are following is very much led by the recommendations in the Sayce report. It is good news that we are able to do further work on the bid for the hon. Gentleman’s factory, and I hope that he will perhaps be able to support the factory in that. However, the broader reform that we are talking about will do much more to help the 12,000 disabled people in his constituency.

Oral Answers to Questions

Lord Walney Excerpts

Monday 5th March 2012 Commons Chamber

[Chris Grayling]

I absolutely agree with my hon. Friend that this is a huge challenge for us. The truth is that, since the general election, youth unemployment has risen by approximately 100,000, with about half that increase coming from full-time students looking for part-time jobs. I regard any level of youth unemployment as too high, and I hope that the subsidies that we provide for employers who hire young people, together with the extra work experience and apprenticeship places being created through the youth contract, will help those in precisely the parts of the country to which he is referring.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

6. What recent progress he has made on reassessing the incapacity benefit case load.

[The Minister of State, Department for Work and Pensions (Chris Grayling)]

Incapacity benefit reassessment has been successfully implemented and the reassessment exercise remains on track to be completed by spring 2014. We are reassessing around 11,000 claimants on incapacity benefits each week. Those who are ready and fit for work are able to receive support via the Work programme. Those who are not fit for work will continue to receive ongoing support for as long as they need it.

[John Woodcock]

I thank the Minister for his answer, but is it not true that growing delays in the process are increasing the uncertainty for vulnerable people? Does he accept the evidence provided by groups such as the Barrow & District Disability Association that the call-back time for the advisers’ helpline has increased from three hours to often more than 24 hours? Does he acknowledge that if this process runs aground due to incompetence, the most vulnerable people and the taxpayer will lose out?

[Chris Grayling]

Let me repeat that the incapacity benefit reassessment process, which is just coming up to one year old, is running on time. We have some delays in the claims process for new claimants of employment and support allowance, which is resulting in people having to wait an average of five days longer to be assessed than was previously the case. That is too long. They are having to wait five days longer as a result of the changes implemented following Professor Harrington’s review, but we have a programme in place to enable us to catch up by the summer.

Oral Answers to Questions

Lord Walney Excerpts

Monday 23rd January 2012 Commons Chamber

The Secretary of State was asked—

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

1. For what reasons Work programme contractors are not permitted to publish their performance data.

[The Minister of State, Department for Work and Pensions (Chris Grayling)]

I thought that this afternoon we might have been extensively debating the benefits cap, but no Labour Members have been brave enough to raise the issue; I cannot think why.

The Department is following guidance issued by the national statistician in order to comply with the code of practice for official statistics and to protect the integrity and accuracy of data. However, we propose to allow providers to publish data that do not compromise the official statistics and will issue guidance to providers shortly.

[John Woodcock]

As the Minister knows, under the flexible new deal, providers were allowed to publish their data if they wanted to. If he is confident in his Work programme and knows that he has got the contracting incentives right, about which there is some doubt, why on earth is he refusing to let these providers publish their data if they want to?

[Chris Grayling]

It is precisely because I am keen to get information out there that we are looking at ways to ensure that that can happen, despite the rules about national statistics, which we have to obey very carefully. If the hon. Gentleman wants some statistics about employment programmes, let me share a set with him. The flexible new deal, to which he referred, cost the taxpayer £770 million and delivered 50,000 six-month job outcomes. He can do the maths on that—it amounts to approximately £14,000 per six-month job outcome. That is one failure of the welfare-to-work programmes we inherited, and that is why the welfare-to-work package that we have put together through the Work programme will be better value for the taxpayer and do a better job for the unemployed.

Jobs and the Unemployed

Lord Walney Excerpts

Wednesday 7th July 2010 Commons Chamber

[Chris Grayling]

If the hon. Lady will forgive me, I would like to make some progress.

We will introduce radical reform and follow policies that will encourage growth and development in the private sector. We will also radically reform welfare, with a real focus on helping people to find sustainable work. We will reform the benefits system so that work pays. We will tackle endemic worklessness and the intergenerational cycles of disadvantage that it creates. We will halt the tragic waste of human potential that exists when people are out of work. When I listen to Labour Members talking about unemployment, I simply remember their record over the past 10 years, and those 5 million people who have consistently been on benefits.

Next year, we will launch the Work programme to provide a coherent package of support for people who are out of work, regardless of the barriers that they face or the benefits that they claim. We will end the programme complexity that we have seen over the past decade, and replace all the paraphernalia of programmes with a single, integrated package of support. It will not be a one-size-fits-all scheme, however, because we have had too many such schemes from Whitehall. We will trust the professionals on the ground who deliver back-to-work support to find the right way of delivering that support to individuals. We will look to investors in the private, public and voluntary sectors to provide the support, and we will judge the organisations that participate on their success rate.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Of course I want whatever new scheme the Minister comes up with to succeed, but does he share my concern about the possibility that the private contractors whom he wants to employ will charge more for their services because the changes the Government have made in the Budget will result in fewer jobs in the economy than there would otherwise have been?

[Chris Grayling]

That is not my concern. My concern is to ensure that, if the OBR forecasts are correct and we see employment growth amounting to 1.5 million more jobs in the next few years, we do not make the same mistake in government as the hon. Gentleman’s party did and fail to get people off benefits and into work to take those jobs. I do not want to see a steady and unchanging level of millions and millions of people on out-of-work benefits over the course of a decade while jobs are created around them, effectively operating outside our mainstream society. That must change. I want opportunity for those people. I want to see them back in employment. I am sure the hon. Gentleman shares that goal, but what we aim to do is make it happen this time around.

Oral Answers to Questions

Lord Walney Excerpts

Monday 14th June 2010 Commons Chamber

[Mr Duncan Smith]

I would be happy to speak to the hon. Gentleman’s constituent with him, but I also guarantee to the hon. Gentleman that the role of carers in society will be one that we continue to support and value. The reality is that if we did not have that informal care in society, the state could never pick up the bill. We look to enhance and support that role, ensuring that carers are valued throughout what we do, and I should be happy to see the hon. Gentleman’s constituent, if he wishes.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

The Secretary of State knows as well as anyone that what he calls notional jobs are nevertheless factored into the Government’s spending projections. Can he tell the House how long it will be before the proposed savings in the future jobs fund will be wiped out by the increased cost of keeping more young people on the dole?

[Mr Duncan Smith]

With respect to the hon. Gentleman, he is playing a game of notional figures—[Interruption.] I know what it is like in opposition, and I must tell Labour Members that they must start to get real about the fact that they were in government three months ago and it was they who went on the spending spree. They would also have had to find savings. We need to use the savings that we have found for this year, and ensure that we do not have the job tax. There will also be a much better chance for longer-term jobs through the apprenticeship scheme, involving some 50,000 people. That is real decision making.