Mesothelioma (Legal Aid Reform)

Debate between Bill Esterson and Hywel Williams

Tuesday 26th June 2012 Westminster Hall

[Hywel Williams (in the Chair)]

We now come to the debate on the effect of legal aid reform on mesothelioma victims. I call Bill Esterson—you may speak seated, if you find that helpful.

[Bill Esterson (Sefton Central) (Lab)]

Thank you very much, Mr Williams. I will stand, but it is kind of you to make the offer. It is a pleasure that the debate is being held under your chairmanship. It is an important debate, which I am sure that you and Members in all parts of the House appreciate—so far, it is mostly Opposition Members, but I know that Government Members have also indicated an interest in the subject.

I requested this debate because the Government have said that they will review the support given to victims of mesothelioma and their families following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which includes industrial diseases along with personal injury in measures to end no win, no fee litigation in the courts. The Government say that they want to stop fraudulent claims, but I believe that there is no evidence of fraudulent claims by those suffering from mesothelioma. That is the basis of this debate.

The House of Lords tried to amend the Act to exclude victims of mesothelioma from the changes to no win, no fee legislation, but the amendments made by the Lords were rejected by the Government. Instead, the Government said that they would hold a review and consider how to support victims and their families. So far, Ministers have not said what that review will consist of or when it will be held. Victims and their families need to know. When the Minister responds, he should tell the House what will happen in the review so that those suffering from that terrible disease can know and compare their evidence, so as not to lose out as a result of the end of no win, no fee.

The Government decided to include industrial diseases along with road traffic accidents in stopping no win, no fee. The implication of the change is that mesothelioma claimants are part of the compensation culture. That may well affect some personal injury claims, including whiplash, but mesothelioma victims are clearly not making spurious claims. When my hon. Friend the Member for Warrington North (Helen Jones) put that point to the Minister on 17 April, she asked him to give one example of a spurious mesothelioma claim. The lack of an answer made the point that there are none.

Let us remind ourselves of what mesothelioma does. My hon. Friend the Member for Blaydon (Mr Anderson) said in the debate in April that

“one fibre could go into someone’s lung and lie dormant for many years, but when it becomes active there is no alternative—that person suffers horribly and then they die. There is no cure, no remission and no element of survival; they die…Everybody who gets mesothelioma will die an agonising death.”—[Official Report, 17 April 2012; Vol. 543, c. 279.]

The idea that those suffering from mesothelioma could be involved in fraudulent claims is absurd and disgraceful.