Mesothelioma Bill [Lords]

Baroness Primarolo Excerpts

Tuesday 7th January 2014 Commons Chamber

[Kate Green]

I beg to move amendment 10, page 3, line 32, at end add—

‘(3) Clause 18(2)(a) of the Commissioners for Revenue and Customs Act 2005 is amended as follows—

After sub-paragraph (ii) there is inserted—

(a)

(i) is made to representatives of persons preparing an application to the Diffuse Mesothelioma Payment Scheme or being assisted by that scheme to bring a claim under the Fatal Accidents Act 1976, and/or the Law Reform (Miscellaneous Provisions) Act 1934.”.’.

I apologise to the House for what will prove to be a rather technical and nerdy amendment. To reassure the Minister and the House before we start—[Interruption.]

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Will Members please leave the Chamber quietly so that we can complete the business before the knife at 6 o’clock?

--- Later in debate ---

[Kate Green]

I am pleased to tell my hon. Friend that I have had a response. In fairness to the Justice Secretary, I should say that a response was received before Christmas. Clearly, he took note of the debates that were happening in our Committee, and the Minister of State, Department for Work and Pensions, the hon. Member for Hemel Hempstead (Mike Penning) was extremely helpful in expediting a response to a query that I had first raised in Justice questions on 11 November. I would be lying, however, if I said that I could now answer my hon. Friend’s substantive question as to what that connection is. It is not for me to put words into the mouths of Ministers or to suggest what Ministers think the connection is, but let me roughly paraphrase the letter. It said, “We think the two are connected because we are going to do them at the same time.” If I am doing wrong to the Minister’s colleagues in the Ministry of Justice, I am sure that they will want to make it clear how I am being unfair to them—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I have given the hon. Lady quite a lot of latitude in respect of her comments about a parliamentary question, but I would like her to return now, however tempting the question is from the hon. Member for Hammersmith (Mr Slaughter), to the Third Reading and what is in this Bill.

--- Later in debate ---

[Mr Slaughter]

I am grateful for the opportunity to speak in this Third Reading debate. I have not taken part in the Bill’s previous stages, but I have followed it very closely and I will confine my comments to one specific point. It was raised in Committee on 13 December and was the subject of new clause 3, which was not selected for debate on Report.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am sorry to say to the hon. Gentleman that this is the Third Reading debate. It is not a debate about amendments that were not selected or a Second Reading debate. The Third Reading debate is about the Bill as it now exists. I am afraid that the hon. Gentleman will be out of order if he tries to make a speech that goes beyond the contents of the Bill as it appears now before the House. The hon. Gentleman is experienced in this House and I know that he will stick closely to that.

[Mr Slaughter]

I will indeed, Madam Deputy Speaker. I referred to new clause 3 simply because it was tabled by my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins). I was present when the Minister paid tribute to him earlier and I just wanted to add my voice to that, because my right hon. Friend has been of great assistance to me on this issue elsewhere. I think he would have wanted to address the issue.

If the shadow Minister, my hon. Friend the Member for Stretford and Urmston (Kate Green), was right to say in her response to my earlier intervention that the Bill no longer gives recourse to the matters dealt with under sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, it would be helpful if the Government could make that clear. The Bill has received qualified support from Members on both sides of the House and it would be helpful if those outstanding matters could be satisfactorily addressed.

There is an outstanding consultation or review to be had; the Government have not been clear about exactly what it will be. My right hon. Friend the Member for Wythenshawe and Sale East raised matters of serious concern. There has not been a proper consultation so far with regard to LASPO. The hon. Member for Brigg and Goole (Andrew Percy) has just alluded to the fact that when the issue was debated in both Houses there was a very strong feeling that mesothelioma should be exempt, but that is not being honoured by the Government.

[Madam Deputy Speaker]

Order. [Interruption.] The hon. Gentleman will sit down. I spoke to him very gently earlier. He has been in this House a long time and we all hold the right hon. Gentleman to whom he is referring in the very highest regard, but, frankly, the hon. Gentleman is now drifting considerably from this Bill and I now want him to refer only to the Bill or to conclude his remarks. I do not want him to refer to justice or other things; I want him to refer to this Bill and its contents.

[Mr Slaughter]

I am grateful for that guidance, Madam Deputy Speaker. I have made the point that I wanted to make. I simply say to the Minister that, as this Bill stands on Third Reading, it would be helpful if the outstanding matters connected with mesothelioma could be dealt with properly and the Bill was not used as a way of occluding them.

Question put and agreed to.

Bill accordingly read the Third time and passed, with an amendment.