Asbestos Removal: Non-domestic Buildings

Ian Lavery Excerpts

Wednesday 18th June 2025 Westminster Hall

[Emma Lewell]

My hon. Friend is absolutely right. I think my right hon. Friend the Minister would also agree, because in his 2022 Work and Pensions Committee report, he asked for a central asbestos register and a deadline for the removal of asbestos from non-domestic buildings. The previous Government rejected that recommendation. Even now, people are still shocked when they discover that, despite the 1999 ban, there is no national database or register and, as a result, the Government do not have a comprehensive picture of where asbestos is. Consequently, there is no strategic plan to have it safely removed.

I thank the Minister for his engagement with me on the issue to date, and for his consideration of a census, whereby it will be mandatory for the owners of non-domestic buildings to advise if their buildings have asbestos or, if the building was built before 1999, they believe it to be there. He has promised to meet me and the Health and Safety Executive as it works towards timelines and a delivery plan, but I hope he can offer some updates today. As we continue to push for net zero and retrofitting, it makes sense that we start to remove asbestos as soon as possible.

I again make the plea that we start the census and the removal of asbestos in South Shields, and that the Minister helps me to discuss with our colleagues in the Department of Health and Social Care a specialist clinical hub for South Shields, to improve diagnosis, care and support.

These are all familiar asks to the Minister, not just from me but from long-time campaigners such as the TUC, Asbestos Information CIC, Mesothelioma UK and so many more who have seen the pain that asbestos causes and are living with it daily. I pay tribute to the work that they have done and continue to do and, in particular, to the kindness that Liz Darlison from Mesothelioma UK and Steve Boggan showed me after I spoke about my lovely grandad at Prime Minister’s questions.

My grandad, John Henry Richardson, was a sheet-metal worker. He worked in shipyards all over the north-east, and then went on to work in the Elsy Gibbons factory, making water tanks. While he was there, they introduced an annual health check scheme, and they found a shadow on his lungs. He retired at 62 through ill health.

Grandad always had a terrible cough and had struggled with his breathing for years, but because he worked in heavy industry, no one thought it was serious. In our area in the ’80s and ’90s, most men who worked in heavy industry had persistent coughs. As my mam said, everyone thought that was just part of the job. Grandad ended up with three inhalers and could not walk anywhere, even to the local shops. It would take him half an hour just to walk down the small flight of stairs in his house because he had to stop on every single one to catch his breath.

My grandad spent the first five years of his forced retirement travelling all over the country for medical tests, and at constant hospital appointments. He kept saying that the Government were hoping he would die before they had to pay out his compensation. When he was 69 years old, he was admitted to hospital with a heart attack because his heart could no longer take the pressure. After nearly a week in hospital, he suffered another heart attack. He was surrounded by my family, listening to the slow, dying breaths of this smart, kind, gentle, hard-working family man as his heart broke away. A little piece of ours broke away with him too. He died in a hospital that most likely had asbestos in it, and those caring for him have probably also gone on to suffer from this awful disease, which will continue to haunt the north-east and elsewhere for generations to come.

[Ian Lavery (Blyth and Ashington) (Lab)]

My hon. Friend is making a really powerful, personal speech, which is extremely important. Does she agree that it is not just the likes of her grandad and all those who worked in heavy industry, manufacturing, the pits and shipbuilding who are suffering from the likes of mesothelioma? As she said, it is now about where the asbestos currently lies—in Parliament, schools, police stations, town halls and NHS buildings. Asbestos-related diseases, particularly mesothelioma, have a latency period of up to 40 years, so the problem has not gone away. In this country, 5,000 people die of mesothelioma every year—more than in road traffic accidents—so we have got to get a grip on it.

[Emma Lewell]

I thank my hon. Friend, my colleague from the north-east, for that powerful intervention. He is absolutely right: in my grandad’s time, we did not know about the risk from those devastating fibres, but we now do, so we absolutely cannot let this happen to anybody else.

The last time the House debated this issue was under a Conservative Government. We now have a Labour Government, and it is in our party’s DNA to do right by workers and the people we represent. The memories of those we lost mean that the sufferers of this silent killer, and I, will certainly not be silent until the Minister gives us what we are asking for, and what he asked for previously before he was elevated to his current esteemed position.

[The Minister for Social Security and Disability (Sir Stephen Timms)]

I am delighted to serve with you in the Chair, Mr Western—for the first time, I think—and I am most grateful to my hon. Friend the Member for South Shields (Emma Lewell) for bringing this important debate to the House. She made the point that this is the first time under the current Government that we have had the opportunity to debate this issue, so I congratulate her on securing this debate.

I share in the grief of all those who, like my hon. Friend, have lost somebody close to them as a consequence of exposure to asbestos. As she and others reminded us, it is still by far the biggest cause of work-related deaths in the UK—it is responsible for 5,000-plus deaths per year—and many people live with the impact of asbestos-related disease. I join my hon. Friend in commending the work of the journalist Steve Boggan, who has highlighted this topic very helpfully.

Hanging in my office in the House of Commons, a few yards from here, I currently have a portrait of Mavis Nye and her husband, Ray. Ray Nye became an apprentice in the Chatham dockyard in 1953 and worked there for a number of years. Asbestos was everywhere. In 1957, during his apprenticeship, he met Mavis. He refers to that encounter as

“the most wonderful thing ever to enter my life”.

They married, and Mavis used to launder his overalls. At some point she breathed in asbestos dust. Fifty years later, in 2009, she was diagnosed with mesothelioma.

We have heard about very long latency periods. It appears that in Mavis’s case, it was 50 years before she was diagnosed. Thanks to pioneering treatment at the Royal Marsden hospital, she lived for another 14 years. She and Ray established the Mavis Nye Foundation to inspire mesothelioma victims. She was a force of nature. She sadly died in 2023, but it was her wish that her portrait should be hung in the House of Commons. In fulfilment of that wish, it hangs in my office this afternoon. It will soon be returned to Ray, but I am glad that we have been able to fulfil that wish and help celebrate the contribution of a remarkable woman—just one of the many thousands who have died as a result of earlier asbestos exposure in the last couple of years.

In Britain we have a mature and well-established approach to the management of asbestos in buildings. The Control of Asbestos Regulations 2012, enforced by the Health and Safety Executive and other regulators, requires duty holders to assess whether asbestos is present, what condition it is in and whether it gives rise to a risk of exposure. The duty holder must then draw up a plan to manage the risk associated with asbestos, which must include removal if it cannot be safely managed where it remains. There is an existing legal obligation for duty holders to remove degrading asbestos and to share details of asbestos in their premises with people who work regularly in a building and may potentially disturb or damage materials which contain asbestos.

[Ian Lavery]

I place on record my sincere thanks to my right hon. Friend for the sterling work that he has done with regard to mesothelioma and asbestos-related disease in the past, but what has been mentioned is not working. We need the same as in other parts of this nation, where there has been a programme of statutory removal, but we are not doing that here in England. I wonder if my right hon. Friend can say why we are different from other nations of the UK.

[Sir Stephen Timms]

I will come on to address exactly the point that my hon. Friend raises. He is absolutely right to do so. Let me just make the point that asbestos does need to be removed before any major refurbishment work or before demolition. Under current arrangements it will eventually be removed, albeit over an extremely long time.

There are around 40,000 notifications of asbestos removal jobs every year. The HSE inspects to check that duty holders are managing asbestos effectively, both in the public and commercial sectors. Those inspections, I am pleased to say, have been significantly stepped up since the Select Committee on Work and Pensions report published in April 2022, at a time when I was Chair of the Committee, and to which my hon. Friend the Member for South Shields referred. That report was critical of the decline in the number of asbestos inspections and enforcement notices since 2010. The report pointed out that between 2011-12 and 2018-19, while the total number of enforcement notices from the HSE fell by 10%, the number of asbestos enforcement notices had fallen by 60% to less than 200 in the year 2018-19.

Increased activity by the HSE on asbestos since then has seen the overall number of enforcement notices climb to over 300 under the Control of Asbestos Regulations in 2024-25. Inspection activity is a means of providing assurance that the regulations are effective and that those with duties are complying with them. For example, between September 2022 and March 2025, HSE inspectors have visited over 1,000 schools to inspect their arrangements for managing asbestos. They found good levels of compliance in those 1,000 schools with the responsibilities to manage the risk of asbestos—albeit with 8% requiring enforcement notice action to improve their performance. This is particularly important given, as my hon. Friend the Member for South Shields pointed out, the proportionately higher number of cases of asbestos-related diseases among retired teachers compared with other professions. So it is right to focus on schools as a particularly pressing issue, along with hospitals and NHS premises, which she also mentioned. In the last year—2024-25—this work was expanded to include inspections of local authority head offices and premises. In his intervention, my hon. Friend the Member for Blyth and Ashington (Ian Lavery) referred to council buildings as being of concern, and he is absolutely right to do so, so current plans for this year—2025-26—include a further 600 visits to schools and local authorities to be completed by March next year.

The HSE is also focused on the management of asbestos in commercial sectors. In 2024-25, its inspections dealt with the management of asbestos more than 2,330 times. Of the buildings found to contain asbestos, 40% required either written advice or an enforcement notice. This was the first year of a multi-year focus on asbestos in commercial sectors.

Together with the guidance on asbestos published on the HSE website, communications campaigns are important in raising awareness and understanding. The Asbestos—Your Duty campaign was launched in January last year to reach those responsible for the maintenance and repair of non-domestic buildings built before 2000 and to raise awareness of the legal duty to manage asbestos. In his intervention, my hon. Friend the Member for Blyth and Ashington made the point that the current arrangements are not always working, and we need to draw people’s attention to their legal responsibilities. That campaign is running alongside the Asbestos & You campaign, which focuses on reducing exposure to asbestos for tradespeople.

[Ian Lavery]

Can my right hon. Friend say if there are any records of the children who were in the same working environment as a lot of the teachers who, sadly, have passed on? Is it the duty of the inspectorate or a responsibility of a Department to hold records of the children in that working environment who might wait 10, 20, 30, 40 or 50 years before a little tick of asbestos dust triggers mesothelioma?

[Sir Stephen Timms]

My hon. Friend raises a very interesting point. I am not aware of any data about that. From time to time, however, one hears of or comes across people who have succumbed to mesothelioma in their 20s or 30s, and an obvious possibility is that they were exposed at school to the dangerous asbestos that led to that catastrophic outcome.

Both my hon. Friends have pressed the case for asbestos to be removed, and I want us to have a better understanding of the size and scale of the asbestos legacy in the built environment and an evidence base for future strategic decisions on removal. I have been working on this with the HSE since last July. I chaired a roundtable event with stakeholders last October to explore the issue and consider what we need to tackle Britain’s asbestos legacy effectively.

As my hon. Friend the Member for South Shields pointed out, the Work and Pensions Committee made a strong and compelling case for the establishment of a national digital register of all workplace asbestos, bringing together into one accessible place all the separate records maintained—all over the place—by law at the moment. The Control of Asbestos Regulations 2012 already require duty holders either to survey premises constructed before asbestos was banned or assume that it is present. A lot of duty holders commission external consultants to fulfil their obligations under the regulations, and they maintain records on their own databases, so compiling a national register would be a less gargantuan task than may initially be assumed. Establishing a national register would require significant resource from duty holders and the Government, at a time when resources are tight. With the HSE, I am looking at how we can develop better information on asbestos in buildings, and on ways of gathering a robust and reliable dataset to provide the foundation to inform longer-term strategy for the removal of asbestos.

If we cannot at this stage commit to a national register, a one-off asbestos census may be the way to start, as my hon. Friend the Member for South Shields suggested. The solution is likely to be a phased approach to improving information on buildings containing asbestos, to help us build an objective and reliable evidence base. A better understanding of the costs and associated impacts for the Government’s own estate—schools, hospitals and so on—would be a good place to start, before considering wider roll out. HSE is considering how best to take that forward in a way that will ensure we can obtain reliable, standardised data.

Alongside that, HSE is supporting digitalisation of built environment data, using building information modelling, or BIM. That approach enables improvements to the identification, recording, sharing and use of information on health and safety risks such as asbestos. The possibility of a surge in asbestos removal, triggered by actions on the part of the Government, needs to be planned for. Asbestos requires specialised waste disposal and removal, in many instances by licensed contractors. We would need to avoid the risk of duty holders removing asbestos without proper controls, and not disposing of it at licensed sites. That would present a significant exposure risk in itself.

In March, I attended part of the HSE’s asbestos research summit, which took place in Manchester. That brought together world-leading experts on asbestos, with duty holders, employer groups and mesothelioma support groups. I am pleased to say Liz Darlison was there. The summit was to inform where we should focus our efforts to ensure we continue to understand the nature of the asbestos exposure risk across the country.

[Sir Stephen Timms]

I welcome the opportunity to discuss that proposal with my hon. Friend, to see what we can do. At the research summit, we talked about the need to ensure that everybody involved in the asbestos ecosystem understood their role and the impact their behaviours can have in preventing exposure for themselves and others through their activity at work.

[Ian Lavery]

I wonder whether the Minister is aware of the Asbestos Victims Support Group’s case against Cape plc, the producer of asbestos, and the claim for £10 million for research and development. If so, does the Minister support the claim?