Armed Forces Bill

Danny Kinahan Excerpts

Monday 11th January 2016 Commons Chamber

[Mark Lancaster]

I am grateful for the comments from hon. Members across the House, and delighted that we have consensus on the issue.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

New Clause 2

Payments to veterans suffering from mesothelioma

‘(1) From 11 April 2016 the Secretary of State has a duty to ensure that compensation due to former members of the Armed Forces who have contracted mesothelioma during the course of their military service is assessed and paid efficiently and promptly.

(2) By 1 October 2016 the Government must put in place:

(a) a publicity programme to raise awareness of former members of the Armed Forces who may be at risk of, or susceptible to, mesothelioma; and

(b) a monitoring process to ensure the comprehensive and prompt detection of mesothelioma cases.’.—(Danny Kinahan.)

This new clause would place a duty on the Secretary of State from the date sums are due to be paid to pay compensation due to former members of the Armed Forces who have contracted mesothelioma during the course of their service is paid swiftly. It would also require the Government to put in place a publicity programme to raise awareness of those who are at risk of mesothelioma and a monitoring process to ensure the comprehensive and prompt detection of mesothelioma cases.

Brought up, and read the First time.

[Danny Kinahan (South Antrim) (UUP)]

I beg to move, That the clause be read a Second time.

I would first like to say how pleased I am to see new clause 1 added to the Bill. I do not intend to rerun all the arguments on mesothelioma today, because we all know that it is a deadly disease. I wish instead to speak to our new clause, the purpose of which is to push for compensation payments to be made as quickly as possible. Those who heard last Thursday’s Westminster Hall debate on the armed forces covenant annual report will know how essential it is that things happen more quickly.

I very much welcome the announcement made before Christmas about those affected by mesothelioma having the choice of receiving either £140,000 or a war pension, which I think was an extremely good move. I am keen to hear from the Minister on how that is proceeding and whether there have been any changes. I welcome the fact that he is still considering whether the Ministry of Defence will look at retrospective cases, because I think that is absolutely essential, particularly for the families who have lost loved ones.

I would like to praise all those who have worked on this matter, such as the Royal British Legion, the shadow Armed Forces Minister, and the hon. Members for North Durham (Mr Jones) and for Wythenshawe and Sale East (Mike Kane). Just after the announcement in December, the Royal British Legion stated:

“Whilst we are pleased that the Minister has indicated that he will review special arrangements for these individuals, we urge him to do so quickly under the terms of the Armed Forces Covenant and in light of the limited life expectancies and extreme suffering of these veterans.”

That is the key: we want compensation to be paid quickly. I hope that the Minister will indicate today how that will be done so that everyone can go away confident that it will happen quickly. Those involved know that mesothelioma is a deadly disease and that, unfortunately, an individual is lucky to live more than one or two years after diagnosis. However, that diagnosis might be made 30 or 40 years after exposure.

We also want to ensure that compensation is comprehensive and that every single person who might be affected is personally contacted by the Ministry of Defence to ensure that they know that there is a chance they have the disease. When it comes to submarines, I am told that it is the P, O, Valiant, Resolution, Dreadnought and early S classes that might have contained asbestos, and in the Army it is the Centurion tank. I am asking the Minister to look at all the places where there might have been asbestos and ensure that the message gets to every person who might have been exposed to it, and extremely quickly. I am told by one source that this could involve as many as 2,500 people, although the Royal British Legion says the number is only 60. It is essential that we look at who was serving on those submarines at the time and work out how to get the message to them personally.

[Bob Stewart]

Does my hon. Friend mean that 2,500 people are affected, or that 2,500 people may contract mesothelioma in the end, because I suspect that the number is much higher? I am slightly confused on that point.

[Danny Kinahan]

My hon. Friend is right to ask that question, because I went through exactly the same thought process when I received those figures. I am told that 2,500 people may be affected. However, many more will have served on all those different submarines, and indeed in the various tanks. The onus is on the Ministry of Defence to work out exactly which ships and what equipment contained the threat of asbestos, find out how to contact the people affected and then get the message to them. That is really what we are pushing for. We are keen to make sure that the MOD also looks at other illnesses that may well be hiding in the background of those who have worked with depleted uranium or had carbon monoxide poisoning.

We should always be thinking of how we look after our armed services, not just those who serve but their families, well into the future. We must set that example for everyone who has joined the services. It is a fantastic career that I myself have thoroughly benefited from. They must know that their families will be looked after and that we will look at all the risks well into the future. We want this to be dealt with very quickly and to make sure that there is a good campaign that ensures that everyone is informed. We must keep an open mind and think about how we will look after all our armed services and their families into the future.

--- Later in debate ---

[Mark Lancaster]

I am grateful to the hon. Gentleman for that helpful suggestion, and I shall instruct my officials to take it up.

On retrospection, whether to apply the lump sum to those diagnosed before 16 December 2015 is a complex issue that many past Governments have had to deal with. I have directed the Department to review options to support those claimants in a similar manner, and I am determined to consider those options carefully and as quickly as I can. Indeed, officials are actively working on that, and although I am sorry that I cannot update the House today, I will update hon. Members as soon as I can.

Following my announcement on 16 December last year, our legal staff are preparing the changes needed to the service pensions order to give effect to the payment of the lump sum from 11 April 2016. At the moment, I am told that 11 April is the earliest date we can do that, but I have asked my officials to look again and to do what we can to bring that date forward. If in the meantime an accepted claim is concluded before 11 April 2016, payment of a war disablement pension and any supplementary allowances will begin until the lump sum can be paid. The lump sum will be reduced by the weekly or monthly amounts paid until that point.

I hope I have demonstrated that the Government are absolutely committed to trying to resolve this issue as fairly and as fast as possible. Hon. Members have made kind comments about my efforts to deal with this issue quickly, and I will be proactive in making the changes. If I may, I simply ask Members to allow me that credit, and with that in mind, to take me at my word that I am trying to move these issues forward. I do not believe that legislation is required, but I am deeply committed to moving the issue forward as quickly as I can, and I ask the hon. Gentleman to consider withdrawing his new clause.

[Danny Kinahan]

I am grateful for the debate we have had, and pleased with what I have heard from the Minister. I am also particularly pleased with what I heard from Labour Members, and we have gained a great deal from today. It would be wrong of me to pursue the matter further, knowing that the Minister will come back and keep the House updated, so I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 18

Commencement and transitional provision

Amendments made: 1, page 17, line 16, leave out

“Sections 15 and 16 (Ministry of Defence fire-fighters)”

and insert “The following”.

This amendment and amendment 2 provide that NC1 comes into force two months after Royal Assent.

Amendment 2, page 17, line 18, at the end insert—

“(a) section (Discharge of members of the armed forces: homosexual acts) (discharge of members of the armed forces: homosexual acts);

(b) sections 15 and 16 (Ministry of Defence fire-fighters).” —(Mark Lancaster.)

See amendment 1.

Clause 19

Extent in the United Kingdom

Amendments made: 3, page 17, line 32, leave out

“section 16 (Ministry of Defence fire-fighters: minor amendments)”

and insert “the following sections”.

This amendment and amendment 4 provide that the amendments of the Criminal Justice and Public Order Act 1994 made by NC1 have the same extent as the provisions which they amend. Section 146(4) of that Act extends to England and Wales and Scotland. Section 147(3) extends to Northern Ireland.

Amendment 4, page 17, line 33, at the end insert—

“(a) section (Discharge of members of the armed forces: homosexual acts) (discharge of members of the armed forces: homosexual acts);

“(b) section 16 (Ministry of Defence fire-fighters: minor amendments).”—(Mark Lancaster.)

See amendment 3.

Clause 20

Extent in the Channel Islands, Isle of Man and British overseas territories

Amendment made: 5, page 17, line 38, after “5(3),” insert

“(Discharge of members of the armed forces: homosexual acts),”—(Mark Lancaster.)

This amendment provides that NC1 does not extend to the Isle of Man or any of the British overseas territories. NC1 amends the Criminal Justice and Public Order Act 1994 which does not extend to the Isle of Man or any of the British overseas territories.

Third Reading