Draft Mesothelioma Lump Sum Payments (Conditions and amounts) (amendment) Regulations 2017 Draft Pneumoconiosis etc. (Workers’ compensation) (payment of claims) (amendment) regulations 2017

Marie Rimmer Excerpts

Tuesday 28th February 2017 General Committees

[Marie Rimmer (St Helens South and Whiston) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Alan. As we have heard, the Child Maintenance and Other Payments Act 2008 made provision for lump sum compensation payments to be made to people suffering from diffuse mesothelioma, or their dependants. This instrument provides for a 1% uprating of the lump sum payments made to sufferers or their dependants. We recognise that under the 2008 Act there is no obligation on the Government to increase the rates of payment to keep up with inflation, so we welcome these moves.

Mesothelioma is a cancer of the lining of the lungs or abdomen, and is associated almost exclusively with asbestos. The 2008 scheme makes a one-off lump sum payment to mesothelioma sufferers where there is no occupational link to the disease. For example, it could be that the person affected lived near a workplace where asbestos was regularly being used. Alternatively, they may have been exposed to asbestos while self-employed.

The one-time payment depends on the age of the claimant when their disease was diagnosed. It can range from £13,295 for those aged 77 or over at the time of diagnosis to £85,580 for those aged 37 and under. Meanwhile, payments for surviving dependants range from £7,374 to £44,537, depending on the age at which the disabled person died. Claims must be made within 12 months of diagnosis. Sufferers are eligible only if they have not received compensation from an employer or a Ministry of Defence scheme. In a report of November last year, the Institute for Fiscal Studies estimated that expenditure on these payments in 2015-16 was more than £8 million, with 400 claimants that year.

I would like to ask about the disparity between payments made to sufferers and dependants. In every debate on this issue since 2010 when the Minister, now the noble Lord McKenzie, committed to closing the difference in awards offered, Members of both Houses have called on the Government to honour that commitment. Do the Government still intend to reduce the differential between dependant and sufferer lump sum payments? What percentage of payments are made to dependants rather than sufferers? What would be the additional cost of achieving parity of payments between the two?

There is also the matter of prevention of future injury relating to asbestos. In debates in the other place on this issue, the Government suggested that they expect claims for mesothelioma to peak in 2018. Can the Government confirm that that is still the expectation? Whether or not there is a peak in those tragically affected by the illness, it is vital that all those who are able continue to raise awareness of the risks of working with asbestos.

What plans do the Government have in place to continue raising awareness of this dangerous substance? Responsibility for asbestos has largely fallen to the Health and Safety Executive. Will the Minister outline the range of activities and campaigns that the HSE is currently undertaking to raise awareness and encourage prevention? Will she also confirm whether additional funding has been provided to the HSE specifically for the purpose of preventing the harm caused by asbestos?

We also welcome the moves to increase the level of payment to those suffering from pneumoconiosis. We recognise that the Government are not under any statutory obligation to increase these payments and are pleased to see that they have done so in line with inflation.

The pneumoconiosis regulations relate to the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, which provides lump sum compensation payments to sufferers of certain dust-related diseases. As with the regulations relating to mesothelioma, provision is made for payments to dependants, as defined by the 1979 Act, where the sufferer did not receive a compensation payment under the 1979 Act before their death.

We, of course, support the increase in payment levels to sufferers of this illness and their dependants. I again raise the question: with regard to pneumoconiosis, are the Government still committed to ensuring that sufferers and dependants achieve parity of award? The Minister set out the Government’s timetable for that outcome to be achieved. In this instance, will she set out exactly how the awards are split between each group?

That issue aside, I am also intrigued as to the logic behind the lack of impact analysis. The Government assert that it was not necessary to produce an impact assessment for either of these instruments. Given the cross-party interest in ensuring that both sufferers and dependants are properly provided for, I ask the Minister to consider again whether an impact assessment might be appropriate. After all, it is absolutely necessary to continue to monitor cases closely, to ensure that both sufferers and dependants have sufficient support available and that we properly invest in information and prevention.

Despite the issues I have raised, we welcome these measures to improve the levels of payment available in the tragic instances of these illnesses.