Social Security

Lord Walney Excerpts

Wednesday 6th February 2019 Commons Chamber

[Sarah Newton]

These two statutory instruments will increase the value of lump sum awards payable under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and the diffuse mesothelioma scheme, which was set up by the Child Maintenance and Other Payments Act 2008. Those schemes stand apart from the main social security benefits uprating procedure, and there is no legislative requirement to review the level of payments each year. None the less, I am happy to increase the amounts payable from 1 April this year by September’s consumer prices index of 2.4%.

The Government recognise the very great suffering of individuals and their families caused by the serious and often fatal diseases resulting from exposure to asbestos, coal dust and other forms of dust. The individuals affected may be unable to bring a successful claim for damages, often owing to the long latency period of their condition, but they can still claim compensation through these schemes.

I will briefly summarise the specific purpose of the two compensation schemes. The Pneumoconiosis etc. (Workers’ Compensation) Act 1979, which for simplicity I will refer to as the 1979 Act scheme, provides a lump sum compensation payment to those who have one of five dust-related respiratory diseases covered by the scheme, who are unable to claim damages from employers because they have gone out of business and who have not brought any action against others for damages. The five diseases covered by the 1979 Act scheme are diffuse mesothelioma, bilateral diffuse pleural thickening, pneumoconiosis and byssinosis, as well as primary carcinoma of the lung if accompanied by asbestosis or bilateral diffuse pleural thickening. The 2008 mesothelioma lump sum payment scheme widens the criteria for compensation to those who have contracted diffuse mesothelioma but who are unable to claim compensation for that disease under the 1979 Act scheme—for example, those people who were self-employed or whose exposure to asbestos was not due to work.

Payments under the 1979 Act scheme are based on the age of the person with the disease and their level of disablement at the time of their diagnosis. All payments for diffuse mesothelioma are made at the 100% rate. All payments under the 2008 scheme are also made at the 100% disablement rate and based on age, with the highest payments going to the youngest people with the disease. In the last full year, from April 2017 to March 2018, 3,680 people received payments under both schemes, totalling £49.2 million.

I am aware that the prevalence of diffuse mesothelioma is a particular concern of Members, given the number of deaths from this disease in Great Britain. It is at a historically high level. The life expectancy of those diagnosed with diffuse mesothelioma is poor, with many people dying within 12 months of diagnosis. The disease has a strong association with exposure to asbestos, and current evidence suggests that around 85% of all mesotheliomas diagnosed in men are attributable to asbestos exposures that occurred through work. Our latest available information suggests that there will continue to be around 2,500 diffuse mesothelioma deaths per year before the number of cases begins to fall during the next decade, reflecting a reduction in asbestos exposures after 1980.

[John Woodcock (Barrow and Furness) (Ind)]

The Minister will be aware that Barrow and Furness has the highest number of asbestos-related cancer deaths in the whole of England and Wales. Is she aware of how many sufferers who were previously compensated under the scheme covering pleural plaques are now falling victim to terminal asbestosis and finding themselves ineligible for any compensation under these schemes? Does she not feel that that is unjust? Will she meet me and representatives of my community to discuss that?

[Sarah Newton]

I am always happy to meet colleagues from across the House if they have particular constituency issues or if people who really need support are falling between the cracks. There are three different schemes available to support people, and we are talking about two of them today. I would be happy to meet the hon. Gentleman to explore those issues and to discuss the three compensation programmes to see whether there is more that we can do. We are absolutely committed to ensuring that people get the support to which they are entitled.

We expect to see a decline in the number of people being diagnosed with diffuse mesothelioma in the coming years, but many people will continue to develop the condition and the other respiratory diseases, based on their exposure, for some time to come. That is why the Government are committed to working in partnership with their arm’s length bodies and agencies to improve the lives of those with respiratory diseases. I want to give the House an example of that commitment.

Last summer, I hosted a lung health summit, bringing together the Union of Democratic Mineworkers, my hon. Friends the Members for Sherwood (Mark Spencer) and for Mansfield (Ben Bradley) and representatives from the British Lung Association and the NHS. This was an opportunity to discuss the important work that the Government and our partners are doing and to listen to the first-hand experiences and problems, brought to my attention by my hon. Friend the Member for Sherwood, that miners are encountering today as they try to get an appropriate diagnosis and therefore the financial support that we want them to receive.

A huge amount of work has been done as a result of that lung health summit, and I was delighted—as I hope everyone will be—to see that the recently published NHS long-term plan recognises the objective of improving outcomes for people with respiratory disease. The long-term plan sets out how the NHS will take action in a number of areas. This includes expanding programmes that support earlier diagnosis of respiratory diseases—including the pioneering lung health checks trialled in Manchester and Liverpool—and increasing access to proven treatments such as pulmonary rehabilitation. As part of the engagement process for the Government’s long-term plan, an NHS England respiratory oversight group has been created, which includes membership of the British Lung Foundation. In addition, NHS England has been working closely with the taskforce for lung health, which has also recently published its own five-year plan to improve lung health.

I want to take a few moments to talk about the work of the Health and Safety Executive in this regard. It does excellent work, the length and breadth of the country, but we seldom have an opportunity to reflect on that in this House. As a nation, we should be really proud of our long history of trying to prevent illness and injury at work. The very first factory inspectors were appointed under the Factory Act 1833 to prevent injury and overworking among child textile workers, and we have come a long way since then. The Health and Safety at Work etc. Act came into force in October 1974 and the Health and Safety Executive was formed in January 1975. The HSE is now well established as a mature regulator with a mission to prevent work-related death, injury and ill health. This is borne out by the most recent published HSE statistics, which show a long-term downward trend in the rate of self-reported non-fatal accidents and fatal accidents to workers. Indeed, the UK consistently has one of the lowest standardised rates of fatal injury when compared with any other large economy.

Turning back to the importance of these regulations, I am sure we all agree that, while no amount of money can ever compensate individuals or their families for the suffering and loss caused by the diffuse mesothelioma and pneumoconiosis covered by the 1979 Act scheme, those who have those diseases rightly deserve some form of monetary compensation. Finally, I am required to confirm to the House that these provisions are compatible with the European convention on human rights, and I am happy so to do.

--- Later in debate ---

[John Woodcock (Barrow and Furness) (Ind)]

I want to tell the Minister and the House a little about the life of Jack Hordon, who was until recently one of my constituents. Sadly, Mr Hordon died in December last year after a life in which he had worked in Barrow shipyard and in the merchant navy on behalf of the New Zealand Shipping Company. He was similar to many thousands of my constituents over the years, and similar to many people in shipbuilding areas and coalmining towns who served their families and their communities. They provided for themselves and their families, but in Barrow shipyard they also did a service for the nation by building vessels that went to war and the submarine fleets that have kept our nation safe for many years. Sometimes because of a lack of knowledge and often because of employers’ lack of care for their employees at the time, those people were exposed and unwittingly exposed their families—including their children, as the right hon. Member for Hemel Hempstead (Sir Mike Penning) rightly described—to this deadly killer that sometimes lay quiet for decades until it struck and took away their lives in the most cruel and painful circumstances.

I raise Mr Hordon’s case partly because his life is representative of so many, but also because of the particular gap and injustice exposed by his recent experience. I am very proud to be the successor of Lord Hutton of Furness. He now sits in the other place but was the previous Member of Parliament for Barrow and Furness. He was the Secretary of State for Work and Pensions in the previous Labour Government, when I was privileged to serve as his special adviser, and he was determined to speed up access to justice for mesothelioma sufferers and to stop the terrible situation in which there were delays in many sufferers getting their compensation payments, as previous speakers have described.

While Lord Hutton was serving in government, there was also a debate about pleural plaques. After he left the post, he privately lobbied his successor in the Department not to close the scheme and to remain alive to the potential pitfalls of the Government’s approach to pleural plaques. The window for claiming pleural plaques compensation was closed in 2007, and there was a debate about that at the time. Mr Hordon fell ill in 2017 and was diagnosed in August that year as a sufferer of malignant mesothelioma. For 20 years, he had been the full-time carer of his wife of 65 years. Throughout their life—all the time that she suffered from severely debilitating disabilities—they had never claimed. He had always worked assiduously to provide for the family so that they could stand on their own feet. When he fell ill, there was severe distress in the family at his no longer being able to perform that role. Mrs Hordon was forced to go into emergency care, which became permanent, at great distress to her and to the family.

The financial burden and the uncertainty meant there was a real imperative to seek mesothelioma compensation. The initial contact with solicitors was positive. As was the experience of many Members’ constituents, the solicitors said that the case could be taken forward at the greatest possible speed. However, they soon came back with the discovery that Mr Hordon had previously made a claim for pleural plaques, and it turned out that he had signed that, on the strong advice of his solicitors at the time, as a full and final settlement. The family were left unable to claim. They went back over their experience, and Mr Hordon could remember that the advice he was given was that there was only a 1% chance of the pleural plaques worsening into a terminal condition. The solicitors advised him, in the words of the family, “to bite off the hand” of those offering it.

I am grateful to the Minister for agreeing to a meeting because, clearly, this will not be an isolated case. Two issues arise from Mr Hordon’s tragic death and the circumstances around it: one is the injustice of him being denied the compensation that he needed every bit as much as anyone else who falls victim to such a condition; and secondly, there is a case for an inquiry into the practices around pleural plaques at the time. Mr Hordon’s family is clear that he cannot have been given proper advice by the solicitors and by those who were estimating the chances of his condition developing into something that was terminal. The fact is there was a financial incentive for some firms to use sharp practices: they wanted to seize the chance of cash without proper analysis of what the real risks were to people and what their circumstances might be in the future.

Mr Hordon and his family were clear that the risks were not properly spelled out to him. He cannot be alone in that. I speak on behalf of my own constituent and, as I said in my intervention on the Minister, of a constituency that has the highest number of asbestosis-related lung cancer deaths in the whole of England and Wales. I am sure that, potentially, the condition will affect many thousands more people across the country. Will the Government please agree to examine this issue so that there is the prospect of justice for people who find themselves in this situation?