Mesothelioma Compensation (Military Veterans)

Kirsten Oswald Excerpts

Thursday 19th November 2015 Commons Chamber

[Kirsten Oswald (East Renfrewshire) (SNP)]

It is a pleasure to follow the hon. Member for Northampton South (David Mackintosh), and I thank him for allowing me to speak in this debate, which he secured, as this is an issue that causes me great concern, as it clearly does him. I completely agree that the case of Mr Minall perfectly illustrates the need for us to have this debate, and to have it now; unfortunately, people such as his constituent do not have the time for us to waste.

I must also applaud the Royal British Legion, whose campaign in this area calling on the Government to find fairer ways of compensating veterans suffering from this devastating condition, has been very effective. Like the hon. Gentleman, I am aware of many positive developments in the way in which veterans are dealt with across the UK. There have been a number of debates in recent months in this House where this has been usefully discussed.

In Scotland we have a newly appointed veterans commissioner, effective local veterans champions such as those the hon. Gentleman mentioned, innovative housing projects and links with many excellent charities. However, in the UK context, it is none the less true that the issue of mesothelioma represents a gap in our approach to veterans, and one that I sincerely hope we can address.

The hon. Gentleman has already told us what a terrible disease mesothelioma is. There are few things more difficult to deal with for sufferers and their families than the kind of body-blow that a diagnosis of mesothelioma brings. Rectifying this unfair treatment will not make anyone suffering from this disease any better, but it might improve their quality of life during the time they have left, and it might mean that they and their families have significantly less financial anxiety than they may at present.

It is perfectly reasonable to expect anyone in this situation to feel disappointed, because they are being treated less well than their civilian counterparts. That is no way to support our service personnel, and I do hope that we can hear some positive words from the Minister on that.

It is clear that thousands of people who served in the armed services prior to 1987 have been exposed to asbestos while under military orders and have subsequently been diagnosed with mesothelioma. They are suffering from this disease because of the job they did in our armed forces, but clearly at present they are not entitled to the full compensation that others are.

We have heard that around 2,500 ex-service personnel are affected in this way, and every one of them has served this country and has the right to expect to be compensated fairly. Veterans lose out very significantly when compared with civilians in the same position. These civilians may be eligible for up to £180,000 in compensation, but the ex-service personnel may be eligible for only £31,000.

In 2008 the Labour Government published the Command Paper “The Nation’s commitment: cross-government support to our armed forces, their families and veterans”. It stated:

“The essential starting point is that those who serve must not be disadvantaged by virtue of what they do.”

More recently Prime Minster David Cameron has said:

“Our Armed Forces Bill will ensure Parliament holds the Government to account on the central principle of the covenant that military personnel will not suffer any disadvantage as a result of their work”—

and, of course, they should not be disadvantaged. It is not right morally, and it is not fair, but clearly some ex-service personnel are being disadvantaged. This is a breach of the military covenant that we hear so many fine words about.

The military covenant commits the Government to removing this disadvantage. This situation is most certainly a disadvantage at a most difficult time in people’s lives. We need to deal with it, and do so quickly. Let us back up our words with action. The Royal British Legion summarises the situation perfectly when it says it is

“unfair and has to change”.

As the hon. Member for Northampton South told us, in 2014 the Government set up a scheme to pay compensation to civilians, which is very welcome. However, like the hon. Gentleman, I would like to note that a word of caution about the issue of veterans was already being stated when the Mesothelioma Act was being reviewed in July 2013, but so far that issue has not been resolved. It is our duty to deal with this now, before more ex-service personnel have their final months blighted by financial worry and inequity.

I also note that the independent medical expert group for the new armed forces compensation scheme expresses the view that the war pension scheme is unable properly to recognise the impact of asbestos-related cancer. As we have heard, the Royal British Legion suggests that veterans diagnosed with mesothelioma should be able to choose between receiving a traditional war disablement pension and a lump-sum compensation payment broadly similar to that awarded under the new Government scheme. That would quite reasonably allow ex-service personnel to take account of their particular health and family situation and decide which route was the more appropriate.

The Royal British Legion is clearly not a lone voice in this regard. It has support among Members on both sides of the House, as evidenced by a recent early-day motion, and from Seafarers UK, the Royal Navy & Royal Marines Charity, Poppyscotland and many other organisations. I note that, at a meeting of the Central Advisory Committee on Pensions and Compensation in June this year, the Minister committed to looking at this issue and said that he understood the urgency involved. I am pleased about that, because it is an acknowledgement of the importance of the issue. However, having read a transcript of a debate in this place in February—some 10 months ago—I note that a commitment was also made at that time to look into this matter urgently. It was also noted in that debate that nothing had happened following a previous commitment to deal urgently with the matter five months before that. I therefore have some anxiety about how urgently this is being dealt with, and I hope that the Minister will be able to allay my concerns.

Veterans who develop mesothelioma from working with asbestos while in the Navy can be left tens of thousands of pounds worse off than their civilian counterparts. This is unfair; it is a clear breach of the military covenant and a completely unacceptable way to treat terminally ill veterans. I agree with the Minster that the matter should be dealt with urgently, and I hope that we will hear something today about positive progress and about how we can move this forward.