Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018

Lord Kirkwood of Kirkhope Excerpts

Tuesday 27th February 2018 Grand Committee

These regulations increase the level of awards made through the two statutory compensation schemes. I am sure that we all agree that, while no amount of money can ever compensate individuals and families for the suffering and loss caused by diffuse mesothelioma and the other dust-related diseases covered by the 1979 Act, those who have them deserve some form of monetary compensation. These statutory schemes deliver an essential part of that. I commend the increase of the payment scales for these schemes, I ask approval to implement them and I beg to move.

[Lord Kirkwood of Kirkhope (LD)]

My Lords, I welcome these regulations and congratulate the Minister on getting all the names right: they are not easy to say and I am going to say none of them. I have three quick questions. First, will she acknowledge that the success of the scheme has been the speed at which the decisions have been taken and the process that has managed the one-off, upfront payments to the people suffering these grievous illnesses and to their dependants, in the cases where that applies? Is there a follow-up procedure to the sending of the cheque? That is to say, is there an evaluation of the needs of the families? It seems to me that common themes might emerge, in terms of other support that might be offered to them, should they want to take it. I think that the process is part of the success of this scheme.

It is a shame that the disparity between the sufferers and their dependants is not being addressed. My information—the noble Lord, Lord McKenzie, did a lot of work on this in his time in government—is that it would cost, if I can put it like this, a mere £2 million to fix in the long run. Over a period of time, it should be possible out of the departmental expenditure limit to phase this in until we get to a position of equality. I think that the Minister said that it is still actively under review. I hope that that is the case and that it will bear fruit in next year’s uprating.

Is anything more being done to prevent further injury from this terrible affliction? New iterations of it are emerging in small pockets here and there year on year. The information and the communication necessary to try to prevent further injury are important.

Finally—we were talking about this earlier—is there any way to evaluate whether the 2008 and 1979 schemes are working properly? Will the department do some work to see whether they meet all the needs that the families are experiencing? Other than that, I welcome these regulations and I hope that the Government will continue to take them as seriously as they have in the past.

[Lord Jones (Lab)]

My Lords, I thank the Minister for her introduction and I acknowledge the great expertise of my noble friend Lord McKenzie from all the years of his work. He puts the rest of us on this side of the Committee in the shade. I welcome the regulations and the 3% increase.

In the late 1960s, factory workers in Hebden Bridge were playing snowballs with deadly blue asbestos. At that time and later, medical experts and legislators began to take an interest in this dreadful problem and its dreadful consequences. I was alongside the late Mr Michael Foot in Prime Minister Harold Wilson’s Administration as long ago as 1975 when he introduced his historic health and safety at work legislation. The legislation got through, but it was strongly opposed. Good things have arisen from Michael Foot’s historic measure.

One welcomes the reference at paragraph 2.1 of the Explanatory Memorandum to dependants, although I have a point of issue. Like a previous speaker, I wonder whether the Minister might enlarge on how that paragraph might affect dependants—that is, the conditions of entitlement. Surely the Government might look again at this matter and reconsider their decision not to increase.

There are historical references in relation to the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations. This legislation arose out of the interest of a former Leader of the Opposition in the House of Lords, the late Cledwyn Hughes, who was of course for many years Member of Parliament for Ynys Môn—Anglesey—the activity and interest of a distinguished solicitor in Anglesey, Sir Elwyn Jones, and that of a leader of the Transport and General Workers’ Union in north Wales, based in Caernarfon, Mr Tom Jones. Their intervention on the worries of quarrymen in north Wales led directly to this legislation, which we are now renewing. I had the honour of serving in Harold Wilson’s Administration alongside Mr Cledwyn Hughes. With Sir Elwyn Jones and Mr Tom Jones, we worked hard on getting a fair deal for those quarrymen.

It is a matter of social history. In north Wales, the quarrymen who went underground had to bring their own candles into the caverns before they hacked out the slate that roofed the world—the new world and the old world. This is the origin of the struggle of the quarrymen. Ultimately, this legislation gave them some recompense—those who survived, of course.

There may be Members of your Lordships’ Committee who from time to time go to Penrhyn Castle in north Wales, a National Trust property. The owner was a quarry owner. He built it on the massive profits made from roofing the world. There was a great dispute between the quarry owner in a mighty mansion and the poor striving quarrymen who had to bring their own candles underground and who suffered injury and disease. That was history. I make these remarks with regard to the late Michael Foot and fellow Welshmen from my homeland because, although the Minister may well know these details that I put before the Committee, her youthful advisers in the department may not know them. It is important for the passage of legislation that the people who power the department know the history and the origin. Too often, they do not.

I have previously asked why this lengthy agenda cannot be taken on the Floor of the House, because the issues, the values and the money are mighty in total. It is not good enough that we know that there are the usual channels. We know that. I thought it only right that I should intervene.

I say to conclude that there was that great quarry owner in that great castle in Penrhyn and there were the quarrymen with very little, who, to use a common phrase now, were barely getting by. It may be of interest that at the end of the strike many of those quarrymen buried their hammers and chisels and left for ever and we were left with terrible bitterness. It is only right that this Committee should know from whence the legislation came and those who brought it about.