Mesothelioma Compensation (Military Veterans)

Bob Stewart Excerpts

Thursday 19th November 2015 Commons Chamber

[David Mackintosh]

I thank my hon. Friend and neighbour for raising that point. I do agree. I will talk later about my constituent. I think that Members will agree that he served our country admirably and went over and above what was asked of him.

I was talking about the armed forces covenant. I congratulate the Government on everything that has been done so far. Clearly, there is more to do. The covenant has enshrined two underlying principles in law. Members of the armed forces community should face

“no disadvantage compared to other citizens in the provision of public and commercial services”

and

“special consideration is appropriate in some cases, especially for those who have given the most such as the injured or the bereaved”.

As leader of Northampton Borough Council, I signed the Northampton armed forces community covenant in 2013 further to embed those commitments in my local community. I am pleased that that has been taken up by so many other local authorities around the country.

I move on now to the case of my constituent Mr Fred Minall, a veteran who is affected by this. He first raised the issue with me when he was diagnosed a few months ago. Mr Minall is a naval veteran who is suffering from mesothelioma as a result of exposure he received while on active duty between 1957 and 1965 with the Royal Navy. When Fred came to see me to tell me about the problems he was facing, I was very moved. I was also shocked that an anomaly in the system had put him in this position, and concerned that there may be many other veterans such as Fred who are suffering from mesothelioma but who are not receiving the support available to other sufferers outside the military.

[Bob Stewart (Beckenham) (Con)]

Does my hon. Friend have any idea how many naval veterans in total may have mesothelioma now? How many people are we talking about?

[David Mackintosh]

I am grateful to my hon. and gallant Friend for raising that matter. I will talk about that later, but the Royal British Legion estimates that about 2,500 British naval veterans will be affected.

Mr Minall was not able to make it to the Chamber today to watch the debate, as he is undergoing chemotherapy. I know that he is watching at home and that he is pleased that we are able to debate this subject in greater detail and ensure that the issue, which affects a lot of people around the country, receives the attention it deserves. Fred has asked me to say on his behalf:

“Mesothelioma sufferers have little time left, and so we entrust Parliament to make a wise and fair decision, backdating any awards agreed today to the same date as if discrimination had been avoided in the 1987 Act. Why should these brave men and women endure discrimination, just when they learn they will die, due to events so long ago, during their dedicated service to Queen and Country? They should be aided and rewarded, not penalised.”

It is hard to disagree.

Mesothelioma is an extremely aggressive form of terminal cancer that is usually caused by exposure to asbestos and affects the pleura of the lungs. The disease can take decades to materialise but, once diagnosed, most sufferers die within one or two years. According to research from the Royal British Legion, with which I have been working closely on the issue over the past months, it is projected that just over 2,500 British naval veterans are likely to die from mesothelioma between 2013 and 2047. There is currently no cure for mesothelioma, which means that it is even more crucial that we are able to help our constituents by doing all we can now.

What can the Government do to help constituents such as Fred overcome the hardship they face? The Royal British Legion has suggested that the Government should offer military veterans the choice between receiving a lump sum compensation payment that is comparable to the sums awarded under the diffuse mesothelioma payment scheme and a traditional war disablement pension. Veterans with mesothelioma should be allowed to choose the form that their compensation takes. We recognise that, for veterans who live for some time, or have a spouse or partner, that should be their choice. The traditional war disablement pension may work out more generous than the lump sums awarded by the diffuse mesothelioma payment scheme. I have already mentioned the armed forces covenant principle that those who are bereaved should, where appropriate, be eligible for special consideration. As such, I would not wish any changes in policy to come at the expense of that arrangement.

We should place great importance on the health and well-being of our veterans and I believe wholeheartedly that they should be treated fairly. I am pleased to hear that the Government are committed to ensuring that those who serve in the armed forces and their families, regular or reserve, past and present, are treated with dignity and receive the care and support they deserve, but this is an anomaly that we need to look at.

I am pleased that the armed forces covenant is enshrined in law so that our forces’ families face no disadvantage compared with other citizens in the provision of public and commercial services. I look forward to hearing the views of hon. Members from across the House, and also to hearing the update my hon. and gallant Friend the Minister is able to provide to me, my constituent and other hon. Members’ constituents who are unfortunate enough to find themselves in this most difficult situation.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I start, of course, by congratulating my hon. Friend the Member for Northampton South (David Mackintosh) on securing this debate to discuss compensation for our military veterans who have been diagnosed with mesothelioma. I recognise that mesothelioma is a devastating disease that changes the lives not only of the people who are diagnosed but of those who care about them—their families and loved ones. I recognise that this is an important subject to hon. Members across the House and that it is something we all feel strongly about, as evidenced by the correspondence I have received, as well as by the recent letter from the Defence Committee and the early-day motion that some hon. Members have signed. This is also a subject that is close to the hearts of our constituents.

I would like to pay tribute to all those who have taken the time to contribute to the discussions on this subject, some of whom I have engaged with, including the Royal British Legion. I welcome the statement read out by my hon. Friend concerning his constituent, Mr Fred Minall, who I understand has been diagnosed with mesothelioma as a result of his service in the Royal Navy during the 1950s and ’60s. This was something I was very sorry to learn of. Let me reassure all hon. Members that I recognise the need to act swiftly and that I am extremely sympathetic to this cause. I can assure them that I am minded to find a solution, and have been working with my officials to do so, and crucially to do so quickly.

I would like to pay tribute to all our armed forces—those still serving and those who have served. This is particularly relevant at this time of year, as we remember their commitment and sacrifice in serving this country. We owe them all a debt of profound gratitude. This Government and I, as Minister for Veterans, are committed to doing all we can to honour that debt of gratitude. That is why we have put the armed forces covenant, which represents the moral obligation we owe to those who serve or have served, at the heart of our national life and enshrined its principles in law.

Our commitment to doing the very best we can for our veterans is genuine and unswerving. However, it is a commitment that we need to frame within the context of fairness and reality. Mesothelioma is a cancer caused by exposure to asbestos, and 40 years or more can often pass before it manifests itself and an individual is diagnosed, tragically with a short life expectancy thereafter. That is why it is so important to ensure that we get the support right for those who are affected by the disease.

[Bob Stewart]

Will the Minister give me his reassurance that modern-day sailors are not threatened when they are working in boiler rooms today? We have some pretty old ships, and they might still have asbestos on them.

[Mark Lancaster]

Indeed, and I will move on in a moment to the action that the Royal Navy has taken. If my hon. Friend will bear with me, I will come to that shortly.

In the light of what I was describing, I want to explain the support that is currently in place for our armed forces veterans who are diagnosed with mesothelioma. Asbestos was identified as causing mesothelioma in the 1960s. At that time, certain types of service in the Royal Navy were identified as particularly increasing the risk of exposure for armed forces personnel. When this was identified the Ministry of Defence started to address the matter quickly. By the early 1960s, the Royal Navy had already introduced new insulation materials on ships and on shore, as well as providing respiratory protection for those personnel who were most highly exposed. That was extended to all personnel who were classified as “at risk” in the following years, and by 1973 the risk of asbestos exposure for members of the Royal Navy was very low. It was not until 1987, however, that the Control of Asbestos at Work Regulations were introduced by legislation. As I have indicated, most of the cases of exposure to asbestos were between the 1950s and the 1970s. Under current arrangements, those armed forces veterans who are diagnosed with mesothelioma are able to claim compensation under the war pensions scheme—this applies to service before 6 April 2005.

The war pensions scheme allows an individual to claim the maximum war disablement pension, supplementary allowances and, in many cases, automatic entitlement by an eligible dependant to a war widow’s or widower’s pension. The Mesothelioma Act 2014 enabled the establishment of the diffuse mesothelioma payment scheme. This pays a one-off lump sum to an individual who is diagnosed. That legislation is aimed at those individuals where there is no existing employer to sue. As an enduring employer, the Ministry of Defence has provided for veterans who are diagnosed for a significant period before this through the war pensions scheme. Under the war pensions scheme, claims are settled quickly, so that the early payment of compensation can begin and claimants can be assured that their dependants will be provided for after their death.

It is important, however, that we consider how veterans are treated under the Act. The matter for consideration here is whether the current arrangements for veterans continue to meet the needs for which they were designed. I would again like to thank the Royal British Legion and those who have contributed to the discussion on compensation for veterans who are diagnosed with mesothelioma in the light of the Act—I welcome their engagement. I acknowledge the argument they are making that the Ministry of Defence should offer veterans with mesothelioma the option of a lump sum in compensation which is broadly comparable to that awarded under the Act. During the last Central Advisory Committee on Pensions and Compensation meeting in June, to which the hon. Member for East Renfrewshire (Kirsten Oswald) referred, ex-service organisations were updated on our consideration of this issue. Let me outline what steps we have taken so far.

Ministry of Defence Ministers commissioned advice from the Independent Medical Expert Group to look at mesothelioma and the awards paid through the war pensions scheme. I want to take a moment to explain some of the observations of the group. It advised that mesothelioma is unique in some respects and considered how awards were made under the war pensions scheme. The group commented that the regular income stream structure of the war pensions scheme addressed the needs of those whose civilian employability was compromised. It observed that the very poor prognosis for the majority of individuals diagnosed with mesothelioma meant that this structure offered only limited benefit in life to the sufferer—I realise that that is a crucial point. However, unlike industrial injuries disablement benefit, the war pensions scheme maintains support to eligible dependants after the pensioner’s death through payments of tax-free dependants’ benefits. While this generosity has been acknowledged, I recognise that the Royal British Legion has raised the position of single, widowed or divorced claimants, and although I am unable to offer a final solution to the House today, I can confirm to hon. Members that I am reviewing the provision that is currently available. I intend to make an announcement regarding the matter of lump sum payments very shortly.

As hon. Members will recognise, this is a complex matter that has required detailed consideration, and close consultation and engagement with colleagues across Whitehall. However, I hope to be in a position to make an announcement as soon as possible. To that end, I hope to update the charities at the forthcoming central advisory committee meeting next month.

In conclusion, I wish to again thank my hon. Friend the Member for Northampton South for calling for this debate on what I recognise is an emotive subject. Let me emphasise again that we place great importance on the health and wellbeing of our veterans and are absolutely committed to treating them fairly. As my officials continue to consider the details of this complex matter, I intend to remain fully engaged, but please rest assured that I am dedicated to bringing this matter to a swift conclusion.

Question put and agreed to.