Mesothelioma Compensation (Military Veterans)

Lord Lancaster of Kimbolton Excerpts

Thursday 19th November 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I start, of course, by congratulating my hon. Friend the Member for Northampton South (David Mackintosh) on securing this debate to discuss compensation for our military veterans who have been diagnosed with mesothelioma. I recognise that mesothelioma is a devastating disease that changes the lives not only of the people who are diagnosed but of those who care about them—their families and loved ones. I recognise that this is an important subject to hon. Members across the House and that it is something we all feel strongly about, as evidenced by the correspondence I have received, as well as by the recent letter from the Defence Committee and the early-day motion that some hon. Members have signed. This is also a subject that is close to the hearts of our constituents.

I would like to pay tribute to all those who have taken the time to contribute to the discussions on this subject, some of whom I have engaged with, including the Royal British Legion. I welcome the statement read out by my hon. Friend concerning his constituent, Mr Fred Minall, who I understand has been diagnosed with mesothelioma as a result of his service in the Royal Navy during the 1950s and ’60s. This was something I was very sorry to learn of. Let me reassure all hon. Members that I recognise the need to act swiftly and that I am extremely sympathetic to this cause. I can assure them that I am minded to find a solution, and have been working with my officials to do so, and crucially to do so quickly.

I would like to pay tribute to all our armed forces—those still serving and those who have served. This is particularly relevant at this time of year, as we remember their commitment and sacrifice in serving this country. We owe them all a debt of profound gratitude. This Government and I, as Minister for Veterans, are committed to doing all we can to honour that debt of gratitude. That is why we have put the armed forces covenant, which represents the moral obligation we owe to those who serve or have served, at the heart of our national life and enshrined its principles in law.

Our commitment to doing the very best we can for our veterans is genuine and unswerving. However, it is a commitment that we need to frame within the context of fairness and reality. Mesothelioma is a cancer caused by exposure to asbestos, and 40 years or more can often pass before it manifests itself and an individual is diagnosed, tragically with a short life expectancy thereafter. That is why it is so important to ensure that we get the support right for those who are affected by the disease.

[Bob Stewart]

Will the Minister give me his reassurance that modern-day sailors are not threatened when they are working in boiler rooms today? We have some pretty old ships, and they might still have asbestos on them.

[Mark Lancaster]

Indeed, and I will move on in a moment to the action that the Royal Navy has taken. If my hon. Friend will bear with me, I will come to that shortly.

In the light of what I was describing, I want to explain the support that is currently in place for our armed forces veterans who are diagnosed with mesothelioma. Asbestos was identified as causing mesothelioma in the 1960s. At that time, certain types of service in the Royal Navy were identified as particularly increasing the risk of exposure for armed forces personnel. When this was identified the Ministry of Defence started to address the matter quickly. By the early 1960s, the Royal Navy had already introduced new insulation materials on ships and on shore, as well as providing respiratory protection for those personnel who were most highly exposed. That was extended to all personnel who were classified as “at risk” in the following years, and by 1973 the risk of asbestos exposure for members of the Royal Navy was very low. It was not until 1987, however, that the Control of Asbestos at Work Regulations were introduced by legislation. As I have indicated, most of the cases of exposure to asbestos were between the 1950s and the 1970s. Under current arrangements, those armed forces veterans who are diagnosed with mesothelioma are able to claim compensation under the war pensions scheme—this applies to service before 6 April 2005.

The war pensions scheme allows an individual to claim the maximum war disablement pension, supplementary allowances and, in many cases, automatic entitlement by an eligible dependant to a war widow’s or widower’s pension. The Mesothelioma Act 2014 enabled the establishment of the diffuse mesothelioma payment scheme. This pays a one-off lump sum to an individual who is diagnosed. That legislation is aimed at those individuals where there is no existing employer to sue. As an enduring employer, the Ministry of Defence has provided for veterans who are diagnosed for a significant period before this through the war pensions scheme. Under the war pensions scheme, claims are settled quickly, so that the early payment of compensation can begin and claimants can be assured that their dependants will be provided for after their death.

It is important, however, that we consider how veterans are treated under the Act. The matter for consideration here is whether the current arrangements for veterans continue to meet the needs for which they were designed. I would again like to thank the Royal British Legion and those who have contributed to the discussion on compensation for veterans who are diagnosed with mesothelioma in the light of the Act—I welcome their engagement. I acknowledge the argument they are making that the Ministry of Defence should offer veterans with mesothelioma the option of a lump sum in compensation which is broadly comparable to that awarded under the Act. During the last Central Advisory Committee on Pensions and Compensation meeting in June, to which the hon. Member for East Renfrewshire (Kirsten Oswald) referred, ex-service organisations were updated on our consideration of this issue. Let me outline what steps we have taken so far.

Ministry of Defence Ministers commissioned advice from the Independent Medical Expert Group to look at mesothelioma and the awards paid through the war pensions scheme. I want to take a moment to explain some of the observations of the group. It advised that mesothelioma is unique in some respects and considered how awards were made under the war pensions scheme. The group commented that the regular income stream structure of the war pensions scheme addressed the needs of those whose civilian employability was compromised. It observed that the very poor prognosis for the majority of individuals diagnosed with mesothelioma meant that this structure offered only limited benefit in life to the sufferer—I realise that that is a crucial point. However, unlike industrial injuries disablement benefit, the war pensions scheme maintains support to eligible dependants after the pensioner’s death through payments of tax-free dependants’ benefits. While this generosity has been acknowledged, I recognise that the Royal British Legion has raised the position of single, widowed or divorced claimants, and although I am unable to offer a final solution to the House today, I can confirm to hon. Members that I am reviewing the provision that is currently available. I intend to make an announcement regarding the matter of lump sum payments very shortly.

As hon. Members will recognise, this is a complex matter that has required detailed consideration, and close consultation and engagement with colleagues across Whitehall. However, I hope to be in a position to make an announcement as soon as possible. To that end, I hope to update the charities at the forthcoming central advisory committee meeting next month.

In conclusion, I wish to again thank my hon. Friend the Member for Northampton South for calling for this debate on what I recognise is an emotive subject. Let me emphasise again that we place great importance on the health and wellbeing of our veterans and are absolutely committed to treating them fairly. As my officials continue to consider the details of this complex matter, I intend to remain fully engaged, but please rest assured that I am dedicated to bringing this matter to a swift conclusion.

Question put and agreed to.