Legal Aid, Sentencing and Punishment of Offenders Bill

Andrew Percy Excerpts

Tuesday 17th April 2012 Commons Chamber

[Mr Djanogly]

No; if the hon. Lady listens, I will answer the question.

Our reforms are intended to redress the unfairness that exists in our civil litigation system between claimants and defendants. They will move conditional fee agreements back to the position that they were in before the Opposition’s disastrous reforms in the Access to Justice Act 1999. Our proposals are premised on the similar treatment of classes of cases, based on the costs or difficulty of bringing a claim. The Lords amendments would introduce a new unfairness between claimants, based only on the type of disease or illness, and essentially dependent on whether it was caused in the workplace.

[Andrew Percy (Brigg and Goole) (Con)]

A number of my constituents who worked on the docks in Goole and in power stations have been affected by this illness. There seems to be a lot of confusion in this debate. For simplicity’s sake, will the Minister say whether my constituents who worked at the docks and who are suffering from this awful disease will receive more or less money in compensation under the Government’s proposals than they receive at the moment?

[Mr Djanogly]

That will depend on the arrangements that they make with their lawyers. Under the new system, for the first time since the Opposition’s reforms which did so much to create a compensation culture in our country, the client will have an interest in what their lawyer is being paid. Until we get back to that situation, there will be an ongoing ratcheting of costs, which is not in the interests of such claims.

The Opposition’s Lords amendments rate one sort of claim above another. Somehow, a mesothelioma claim is automatically more worthy than a personal injury claim. The Government simply do not accept that. I acknowledge the concern in the other place, which underpinned Lords amendments 31 and 32, that the new arrangements will prevent lawyers from being willing to take mesothelioma cases and leave claimants out of pocket, but I believe it to be mistaken.