Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020 Draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2020

Margaret Greenwood Excerpts

Tuesday 25th February 2020 General Committees

[Margaret Greenwood (Wirral West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020 uprate the lump sum payments for sufferers and their dependants in line with September’s consumer prices index of 1.7%. Labour welcomes the fact that the Government have reviewed the rates to maintain their value in line with the CPI. We recognise that they are under no obligation to do so.

The Child Maintenance and Other Payments Act 2008 made provisions to fast-track up-front lump sum payments for people diagnosed with diffuse mesothelioma and their dependants. The scheme provides that support in recognition of the difficulties that people often face in obtaining compensation from other sources, and of the fact that sufferers usually die within months of being diagnosed. It is a truly devastating diagnosis to receive.

That scheme operates alongside the scheme established under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, and offers support to those unable to benefit from it. If a person has died as a result of mesothelioma, payments can be made to their dependants. It is funded by a compensation recovery mechanism, so that payments made are recovered from any subsequent successful civil compensation claim. The 2008 scheme provides a one-off payment to sufferers who have no occupational link to the disease or who are self-employed, including sufferers who live in close proximity to a workplace containing asbestos, those exposed to asbestos in the environment and family members exposed via workers’ clothing.

Mesothelioma is a type of cancer that develops in the lining that covers the outer surface of some of the body’s organs. It is usually linked to asbestos exposure. It mainly affects the lining of the lungs, although it can affect the lining of other organs as well. It takes many years to develop, but is usually rapidly fatal following the onset of symptoms. Unfortunately, it is rarely possible to cure, although treatment can help to control the symptoms.

According to the NHS website, more than 2,600 people are diagnosed with mesothelioma each year in the UK. Most cases are diagnosed in people aged 60 to 80, and men are more commonly affected than women. Last year, the Minister’s predecessor said that deaths from mesothelioma were at a “historically high level” and the widespread use of asbestos in the decades after world war two means that, sadly, the issue may be with us for some time.

Some 86% of schools contain asbestos, according to a 2015 study. The material was typically used in buildings between the 1940s and 1970s. Experts say that it is a greater health risk as it gets older and starts to degrade. According to the National Education Union, at least 319 teachers have died from mesothelioma since 1980, 205 of whom have died since 2001.

As I have said, Labour welcomes the uprating of the lump sum payments for sufferers of mesothelioma and their dependants. We remain concerned, however, about the striking lack of parity between the lump sum payments made to sufferers and those made to dependants. Under the regulations, a mesothelioma sufferer who is diagnosed at the age of 67 will receive a payment of £20,042. By contrast, if someone suffering from mesothelioma dies aged 67 or over, their dependant will receive a payment of just £8,084. A mesothelioma sufferer who is diagnosed at the age of 37 will receive a payment of £93,827. However, if someone suffering from mesothelioma dies at that age or under, their dependant will receive a payment of £48,829. Does the Minister think that is fair?

When last year’s equivalent of these regulations was debated on the Floor of the House in February 2019, the then Minister said:

“Of course, I fully understand that families can be devastated and very badly affected, but there is still the recognition that they are able to get compensation, even if it is not at the same level.”—[Official Report, 6 February 2019; Vol. 654, c. 360.]

She also said that the issue of disparity in payments to sufferers and dependants is raised each time this kind of debate is held. Is that not telling? Does it not make the Government realise that it is about time that payments were equalised? After all, it is 10 years since 2010, when the then Labour Minister, Lord McKenzie of Luton, pledged to equalise payments. Unfortunately, the signs are that the Government’s position will not change soon, but I urge the Minister to reflect on it.

On 6 February, the current Minister said, in response to a written parliamentary question on equalisation from my hon. Friend the Member for Manchester, Gorton (Afzal Khan):

“It is right that available funding is prioritised where it is needed most, that is to people living with these diseases.”

I ask the Minister to listen to the repeated calls for equalisation, to look again at the issue, and to consider the devastating impact that mesothelioma has on family members who lose a loved one. Given that the difference in payments often affects women whose husbands were directly exposed to asbestos at work, what assessment have the Government made of the impact on women of a lack of parity in payments? What is the most recent estimated cost of providing equal payments for sufferers and their dependants?

To reiterate, Labour welcomes the support available to sufferers and the uprating of provisions, but it is clear that a number of issues need to be addressed. Although we note that the Government are not under any obligation to uprate, Members said a lot about automatic uprating during last year’s debate on the equivalent of these regulations. At that time, the then Minister said that she would

“absolutely think about what has been said about automatic uprating”.—[Official Report, 6 February 2019; Vol. 654, c. 356.]

It was Labour’s view then, and it remains our view now, that automatic uprating is the right thing to do. Can the Minister tell us what has come of his predecessor’s pledge to “absolutely think about” what was said about automatic uprating in last year’s debate? Will he think about what he has said today, and will he go one step further by committing to automatic uprating?

It is vital that we continue to raise awareness of the risk of working with, or in an environment with, asbestos. Can the Minister reassure Members that continuing to raise awareness is a priority for the Government, and can he tell us how the Government will do that?

Responsibility for asbestos lies primarily with the Health and Safety Executive. It is important to point out that the HSE’s funding has been cut significantly since the Conservatives came to power. It will receive £100 million less from the Department for Work and Pensions in 2019-20 than it did in 2009-10—a reduction of 54% in real terms. Between 2010 and 2016, the number of inspectors was reduced by 25%. What impact have the cuts had had on the ability of the HSE to regulate, monitor and take proactive action to prevent work-related death, injury and ill health, including that related to asbestos and mesothelioma? Will he take this opportunity to rule out further cuts to the HSE—

[The Chair]

Order. I am afraid the hon. Lady is drifting rather far away from the subject we are discussing—namely, that of the two statutory instruments that relate to the uprating of the benefits. Perhaps she could return to the main topic.

[Margaret Greenwood]

I felt it was relevant, but I will return to the topic.

Can the Minister confirm that, post Brexit, this country will not lower standards to match American regulations, which allow products containing up to 1% of asbestos?

Labour welcomes the regulations to increase lump sum payments to pneumoconiosis sufferers by 1.7%, in line with inflation. We have noted that the Government are under no statutory obligation to do so. The pneumo- coniosis regulations refer to the 1979 Act, which provides lump sum payments to people suffering from certain asbestos-related conditions or their dependants where they are unable to claim damages because the employer has gone out of business. As well as mesothelioma, the scheme covers pneumoconiosis, bilateral diffuse pleural thickening, byssinosis, and primary carcinoma of the lung where there is accompanying evidence of asbestosis and/or bilateral diffuse pleural thickening. What action are the Government taking to raise awareness of all those conditions, their range of causes, the circumstances in which they are likely to occur, and the support available?

People suffering from pneumoconiosis often face a series of hurdles to receive payments from the DWP. The disease can be difficult to diagnose using two-dimensional X-rays, as they may not show enough detail and because it can take 10 years to manifest. That means that the last X-ray a miner received on leaving work may not have picked it up. Smokers or former smokers aged between 55 and 80 already receive invitations for screenings for lung diseases. Will the Minister talk to colleagues in the Department for Health about extending that to former miners?

As with the mesothelioma regulations, Labour welcomes the uprating but there is again a lack of parity between the amounts of compensation offered to sufferers and to their dependants. Will the Minister commit to establishing parity? What other support, as well as financial, do the Government make available to those who lose a loved one to a disease covered by the regulations? I say again that Labour welcomes the upratings, but I urge the Minister to reflect carefully on the many issues raised by the Committee.