Social Security

Debate between Ann Clwyd and Mike Amesbury

Wednesday 6th February 2019 Commons Chamber

[Mike Amesbury (Weaver Vale) (Lab)]

The Child Maintenance and Other Payments Act 2008 made provisions for lump sum compensation payments to be made for those suffering from diffuse mesothelioma. It also made provisions for their dependants. The mesothelioma lump sum payments regulations laid before the House have uprated the lump sum payments for sufferers and their dependants by 2.4%. We welcome the fact that the Government have reviewed the rates in line with inflation, and we recognise that, as the Minister said, they are under no obligation to do so under the 2008 Act.

Mesothelioma is a type of cancer that covers the lining of the body’s organs. It is also almost exclusively caused by asbestos, when fibres have entered the lungs of sufferers and caused damage over time. The greater the exposure to asbestos, the more likely it is that someone will be at risk of mesothelioma. It can also affect those who have been indirectly exposed to asbestos. The victims of indirect asbestos exposure have been seeking justice through access to the diffuse mesothelioma payment scheme for some time, and the Government must seriously consider that matter.

It can take up to 40 years after the original exposure for mesothelioma symptoms to develop, and it is likely that the increase in the numbers of mesothelioma sufferers’ deaths in recent years is due to exposure that took place before the introduction of asbestos regulations in the 1970s. Mesothelioma has devastating effects on sufferers, as the Minister rightly said. For most victims, a diagnosis brings with it the inevitability of death, and one such death was that of my good friend, Brian Jamieson, who passed away in December. He was an active trade unionist who worked on Trafford Park, where he unfortunately acquired the disease. Tragically, only five in 100 people survive the cancer for more than five years after diagnosis.

The damage caused by asbestos is widely seen as one of the biggest public health crises in this country, ruining the lives not just of sufferers themselves, but of their families, friends and communities. The Department for Work and Pensions suggested that 53,000 people will die from mesothelioma between 2030 and 2037, and it is estimated that 2,500 people die every year as a result of the disease. The 2008 scheme provides a one-off payment to sufferers who have no occupational link to the disease or who are self-employed, including, for example, sufferers who live in close proximity to a workplace containing asbestos.

While Labour welcomes the regulations and the uprating of the lump sum payments, several serious issues remain. Alongside many campaigners, we are concerned about the disparity between lump sum payments made to dependants and those made to sufferers. It is unclear why dependants, who are themselves usually impacted by the effects of mesothelioma, receive so much less than sufferers. The difference in the amounts is stark. A mesothelioma sufferer aged 70 will receive £17,961 under the draft regulations. However, if the sufferer dies at aged 67 or over, their dependants receive just £8,000 as a lump sum payment. In 2010, the then Minister, Lord McKenzie of Luton, rightfully pledged to equalise payments, noting the unfair nature of the regulations. The Government have faced repeated calls to honour that commitment, but they have failed to do so. This is also an equality issue. The difference in payments is likely to affect mainly women whose husbands were directly exposed to asbestos at work. How can the Government continue to justify the difference between lump sum payments? Will the Minister tell us the most recent estimated cost of providing equal payments for sufferers and their dependants?

Communities are still being affected by asbestos exposure to this day, and exposure results in an estimated 5,000 deaths every year. The all-party group on occupational safety and health estimated that, shockingly, 75% of the 29,000 schools in Britain contain asbestos, so it is vital that we continue to raise awareness. What additional funding will be made available this year to ensure that we continue to make people aware of the dangers of exposure to asbestos? What campaigns are being run by the Health and Safety Executive about asbestos exposure?

As the Minister noted, the HSE plays a vital role in ending harmful exposure to asbestos, but this Government are responsible for a 40% cut to its budget. By this year, it is estimated that the HSE will receive £100 million less in Government funding than it did in 2009, and that comes despite estimates that 12,000 people are dying each year as a result of occupational cancers or lung diseases. Will the Minister conduct an impact assessment of the cuts to HSE funding on occupational health? Will she end the devastating cuts to the HSE? When will the HSE get the “austerity is over” cheque that the Prime Minister promised?

Labour also welcomes the regulations to increase lump sum payments to pneumoconiosis sufferers in line with inflation. We have further noted that the Government are under no statutory obligation to do so. The pneumoconiosis regulations refer to the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, which provided lump sum payments to people disabled by dust-related diseases, including as a result of asbestos exposure and coal mining. Statistics show that there are an average of 140 deaths a year as a result of the disease. While we welcome the uprating under the regulations, the Government have failed to ensure that there is parity between the amounts offered to sufferers and to their dependants. Will the Minister finally act to ensure that there is parity between the two groups?

Sufferers of pneumoconiosis and their families have to go through onerous and often expensive hurdles in order to receive payments from the Department for Work and Pensions. A number of problems prevent people from receiving the support they deserve, including a lack of specialist knowledge about work-related diseases and issues with the DWP assessments. Will the Minister meet my colleagues and the National Union of Mine- workers to discuss changes to ensure that sufferers and their families are not prevented from receiving vital support for this incurable disease? Information about the disease is not widespread, and the disease is hard to diagnose because it does not show up on two-dimensional X-rays. Will the Minister tell us how much funding is going into promoting awareness of the disease?

The lump sum payment is a form of industrial injuries disablement benefit. Under universal credit, IIDB counts as unearned income, reducing the UC award. Under tax credits, the lump sum payment is disregarded completely. Sufferers and dependants on tax credits therefore stand to lose out if they naturally migrate on to universal credit. Will the Minister act immediately to ensure that no sufferer will lose out in this way? No impact assessment has been made of the effectiveness of either scheme, nor have the Government consulted trade unions about how best to compensate those who have lost out. Will the Minister act immediately to do so and provide an equality impact assessment on this most vital area of support?

[Ann Clwyd (Cynon Valley) (Lab)]

My hon. Friend is making some important points—I am sorry that more Members are not in the Chamber to hear them. There is real anger in former coal mining constituencies such as mine about the failure to pay out. People fought hard to get compensation in the first place—it took years and years of effort. Were it not for the previous Labour Government, we would have a lesser scheme than the present one. I support what my hon. Friend says, and we must give proper answers to the sufferers of pneumoconiosis and their families.