Mesothelioma Bill [Lords]

Debate between Andrew Bingham and Simon Danczuk

Tuesday 7th January 2014 Commons Chamber

[Andrew Bingham (High Peak) (Con)]

I do not intend to delay the House for too long. Many of the points I wanted to make have already been very eloquently made by my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch). I pay tribute to the Minister and the Government for introducing the Bill, which I support.

As has been mentioned, mesothelioma is an industrial disease, but I assure the House that in my constituency—constituencies do not get more rural than the rolling hills of north Derbyshire—the incidence level of mesothelioma is higher than the national level owing to some of the industries operating there. As all of us in the Chamber and more widely know, through casework and from friends and relations, mesothelioma is a truly dreadful condition that causes great pain and is incurable.

I added my name to amendment 1, which I am now speaking to, because I think that 70% to 75% represents progress. In an ideal world, 100% would be the ultimate progress that we would want. However, the 80% figure is a good compromise: it is viable, doable and, as other hon. Members have highlighted, achievable. I do not think that insurance companies will walk away. In the world we live in today, more companies are concerned about their reputation, and given the cross-party strength of feeling in the House about compensation for mesothelioma, it would be reputational suicide for insurance companies to walk away now. I think that we can squeeze that extra 5% out of them, which would be better in the pockets of the victims of this dreadful condition than anywhere else.

I am proud that the Government have gripped the issue, but if we agreed to amendment 1, they could grip it just a little harder. That extra grip would make the mesothelioma sufferers’ prognosis that little bit better and I for one, as a Member representing a constituency affected by this dreadful condition, would be that little bit prouder and stand that little bit taller after what I had done here today.

[Simon Danczuk (Rochdale) (Lab)]

Like other hon. Members, I start by mentioning my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins), who has done much on this subject. He organises an annual memorial event in Greater Manchester, in the city centre, and as a Greater Manchester Member of Parliament I have always been pleased to attend, so I thank him for his work in that regard. I pass on my best wishes to his family, and I hope he will be well again soon.

Hon. Members will be aware that Rochdale was home to the world’s biggest asbestos factory—Turner and Newall dominated the town for many years—and it is fair to say that the legacy of asbestos still haunts our town and its people. Walking around my constituency, it is hard to find anyone who has not been affected in some way by asbestos, whether through family members, friends or colleagues, many of whom have been affected by asbestos-related diseases. Asbestos destroys lives and breaks families. In Rochdale, it has left a community legacy in the form of a massive derelict factory site that nobody is prepared to remediate effectively.

The lack of justice and compensation for many of the victims of asbestos is a scandal that has lasted for far too long. I am pleased that the Bill is before us, but we must go further than what is proposed. I believe that the Bill falls woefully short of providing adequate compensation for the victims.

The Bill contains a number of arbitrary decisions that I think are designed purely to appease the insurance industry. First and foremost among those is the cut-off date for diagnosis, 25 July 2012, which my right hon. Friend the Member for Newcastle upon Tyne East (Mr Brown) mentioned. I have heard no credible argument for why it cannot be put back to 10 February 2010, when the original consultation started, as my right hon. Friend suggested. I understand that that would assist an additional 700 people. The argument must not just be about cost. However, it is my understanding that with that change, it would fit within the 3% levy if it was taken over the 10-year period.

Secondly, the Bill is very limited in terms of who it supports and helps. It is being spun as a victory for asbestos sufferers, but it is limited to covering just mesothelioma victims and it will not affect people who have come into contact with asbestos domestically. That is a cause for concern.

My final point is about the level of compensation. Frankly, 75% is insulting. We must remember that the Government were proposing a 70% limit. My opinion is that a fair level of compensation would be 100%, as my right hon. Friend the Member for Newcastle upon Tyne East suggested. I am prepared to support an 80% level. That modest increase would at least give some comfort to the victims.

All those arbitrary decisions raise serious questions about the Bill. I get the impression that the Government are good at standing up for the strong insurance industry, but weak when it comes to standing up for the victims of asbestos.

I will finish by referring to the case of a lady called Mrs Nellie Kershaw. She started work as an asbestos spinner at the age of 12 in the Turner and Newall factory in Rochdale. In 1922, she became too sick to work and was diagnosed by a local doctor as suffering from asbestos poisoning. As it was an occupational illness, she was ineligible for sickness benefit from a local scheme to which she had contributed. Her husband, Frank, who was having to look after the couple’s two children, pleaded with her employers for assistance. They refused to offer any help and she died in poverty on 24 March 1924. To this day, she lies in an unmarked pauper’s grave in Rochdale cemetery. She was 33 years old when she passed away.

Nellie Kershaw was the first person in this country to be diagnosed with asbestosis. She and her family were left with absolutely nothing. Fast-forward 90 years and we are here today quibbling over who should and who should not receive compensation and over how much the compensation should be. As it stands, the Bill does the minimum possible to support asbestos victims.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Andrew Bingham and Simon Danczuk

Tuesday 24th April 2012 Commons Chamber

[Simon Danczuk (Rochdale) (Lab)]

I wish to say a few words about the Government amendment. I hope that it means that the Government will come up with a satisfactory system by which mesothelioma sufferers can be fully compensated, without them or their families being robbed of the compensation they receive and so richly deserve.

Hon. Members may well be aware that, in years gone by, Rochdale was home to the world’s largest asbestos factory, so this is a massive issue for my constituents. It is fair to say that they suffer from the connections that they have had with asbestos over many years. Just last Saturday, I was knocking on doors in my constituency, as I do every weekend, and I called upon a lady in Littleborough, Mrs Beryl Greenwood, who told me about her experience with this disease. She had been married to her husband, Kenneth, for many years, and he had contracted the disease from having worked as a welder on the railways. He had worn asbestos gloves at that time and, no surprise, he passed away a couple of years ago. I suppose the good news is that she was served well by solicitors; she and her family received a fair amount of compensation and were treated reasonably. She told me that the issue was that none of that compensation will ever bring back her husband, whom she loved dearly. The point I am getting to is that the Government now need to amend this Bill—we are asking them to be genuine in this—so that the people and the families who suffer from this terrible disease are treated fairly, responsibly and respectfully.

[Andrew Bingham (High Peak) (Con)]

I do not intend to detain the House for long, because I am aware that plenty of other hon. Members wish to speak. I just wish to add my voice to those thanking the Government and the Ministers for their concession on this matter. My constituency is very rural but, like the constituency of the hon. Member for Rochdale (Simon Danczuk), it contains a large asbestos-related industry. That industry was born and based in High Peak, so my constituency has a higher level of mesothelioma than the national average. The Government’s movement on this issue is to be commended. Last week, I, along with one or two of my hon. Friends, voted in the Opposition Lobby on this matter. I subsequently received an e-mail from a constituent telling me that he was actually proud of his MP—he said that this does not happen very often.

I pay tribute to my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), because she has driven this through, along with the right hon. Member for Wythenshawe and Sale East (Paul Goggins) and those in the other place. I welcome the amendment in lieu and am particularly pleased to see that a report will be published on the conclusions of the review. That gives me great confidence that the review will be meaningful and searching, and will come forward with something that all of us across the House can support when the day comes. I look forward to that report.