Mesothelioma Compensation (Military Veterans)

David Mackintosh Excerpts

Thursday 19th November 2015 Commons Chamber

[David Mackintosh (Northampton South) (Con)]

Thank you, Madam Deputy Speaker, for giving me an opportunity to speak about mesothelioma compensation for military veterans. I am pleased that it follows such an important debate on the wider cancer strategy. I also thank the members of the public who have taken the time to come and watch our proceedings from the Gallery, and who signed the petition. It is encouraging to see such strong public support for change, and I am glad that I have the chance today to bring this issue further into the spotlight. I pay tribute to other Members who have raised the issue, including my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), who has done so much work on it in the past.

Before I speak about the specific case of my constituent and the problems he faces, let me explain what we are talking about today. Most people who are suffering as a result of exposure to asbestos have been compensated thanks to the Mesothelioma Act 2014, which was passed during the last Parliament and which allows those who were diagnosed with mesothelioma on or after 25 July 2012 to apply for compensation. However, when Parliament reviewed the Act in July 2013, Lord James of Blackheath noted that although civilians suffering from mesothelioma would benefit from it, naval personnel with asbestos-related illnesses would be left behind in terms of financial reparations.

Given its association with asbestos, mesothelioma usually affects individuals who have worked in professions such as carpentry or construction, but it has also afflicted a large number of veterans, particularly naval personnel who worked as engineers in the boiler rooms of ships, and it is on that specific aspect that I intend to focus.

Service personnel and veterans are unable to sue for injuries and illnesses sustained before the introduction of the Crown Proceedings (Armed Forces) Act 1987. The only avenue of redress open to veterans with mesothelioma is the war pension scheme, which awards regular payments for life. It is difficult for the scheme to accommodate serious long-term illnesses, as it cannot award large lump sums to those recently diagnosed with terminal conditions. As a result, although service-related mesothelioma attracts a 100% war disablement pension, veterans who are single, divorced or widowed stand to receive considerably less compensation than their civilian counterparts.

For example, whereas a 63-year-old civilian claimant would be awarded about £180,000 in compensation under the Government’s diffuse mesothelioma scheme, a veteran of the same age who lived for one year would receive just £32,000 under the war pension scheme. In fact, many veterans would receive even less. That is at odds with the armed forces covenant, which states that members of our armed forces community should experience no disadvantage as a result of their service, and it is an unfortunate anomaly in the system. I am sure other Members will agree with me when I say that I do not believe the House intended to cause such discrimination against military veterans, but that is the situation that confronts us today. I certainly commend the Government for all their work on the armed forces covenant.

[Michael Ellis (Northampton North) (Con)]

I congratulate my hon. Friend and constituency neighbour on securing the debate. Does he agree that military veterans are among the very best in our society, and that, far from being prejudiced in any way by their military service, they should be rewarded? When an ailment has resulted from their service, should not the Government do everything they can to ensure that they are adequately compensated?

[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.