Mesothelioma Bill [HL]

Earl of Courtown Excerpts

Monday 20th May 2013 Lords Chamber

[The Earl of Courtown]

My Lords, I admit that this is not the sort of area that I would normally speak about in your Lordships’ House, but there are a number of reasons why I decided to speak tonight. I have had the experience in the construction industry of dealing with demolition work that involved the safe removal and disposal of asbestos insulating board and corrugated sheeting. Another reason that hit me harder was the death of the former MP, John MacDougall, whom I knew well and counted as a friend. Only after he had died did I hear that he was certain that he had contracted cancer in his past career in the shipyards of Rosyth. At this point I pay tribute to his daughter, who after his death set up a charity in support of mesothelioma sufferers.

The Bill, as ably described by the Minister, is intended to help sufferers who are unable to trace any insurance cover that might exist—or, in certain cases, their past employer—after being exposed to asbestos. As I understand it, the disease may take many years to develop and be diagnosed. As other noble Lords said, diagnosis does not occur until the latter stages of the disease.

In describing the Bill, the Minister outlined the two key measures: first, to establish a payment scheme to make payments to those with mesothelioma; and, secondly, to create a technical committee that will make binding decisions where there is a matter of dispute over whether an insurer was providing employer liability cover at the time of the negligent exposure to asbestos. As I understand the Minister, the technical committee will have the ability to speed up many proceedings that can get bogged down in the courts, such as decisions on an employer’s liability cover and on disputes over the existence of such cover. I was glad to see that the committee’s decision may also be used in future court cases. As such, the existence of the committee will lead to greater parity around standards of proof in relation to employers’ liability. This should result in more people being able to bring cases to court.

Having looked further into past compensation claims concerning mesothelioma, I am informed that case law refers to a considerable number of cases concerning this disease. As I understand it, the main problems associated with this have been the difficulty of proving negligence by the employer, the difficulty of proving that the mesothelioma was contracted as a result of the negligence of the employer, and the length of time it can take such cases to be settled. I was also glad to note that the Bill states that claims will be also considered from eligible dependants. It is so important when people are suffering from this fast-acting disease that their dependants can also claim some form of compensation.

In addition, I have noticed that my noble friend’s department will bring forward draft scheme rules in Committee. Will he tell the House whether these rules will be included in the Bill? I also understand that they will apply to the compensation tariff. Will this be included in the Bill or form part of secondary legislation? Will the Minister also tell the House how any changes to the tariff and the scheme rules will be managed in future?

Many noble Lords have expressed criticisms and concerns about the types of cancer that will not be covered by the scheme. However, due to the unique nature of diffuse mesothelioma and the often short period of life expectancy after diagnosis, it is very important that we have a simple and fast way of helping sufferers and their families.

I have also noted concerns about the insurance companies’ actions in this situation. We would not be where we are unless we were actually able to speak to the insurance companies in the first place. We are also looking at concerns about how the insurance companies will set up the company to administer the scheme themselves. I understand the concerns, but the Government have the final say, should these matters not work out. They can actually reclaim the scheme to work in-house or put it out to other people to run. I am looking forward immensely to many other speeches that will be made before the end of this debate and especially to the Minister’s response.