Asbestos-related Lung Cancer: Compensation Act 2006

Nusrat Ghani Excerpts

Monday 16th March 2026 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

rose—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Mr Shannon, were you here at the beginning of the debate? You were 90 seconds late—faster next time.

[Jim Shannon]

You are very kind, Madam Deputy Speaker—I ran the whole way. I congratulate the hon. Gentleman on bringing forward the debate. Over the years as an elected representative—as a councillor and as an MLA back in Northern Ireland—I had a number of constituents who had unfortunately succumbed to mesothelioma and lung cancer as a result of working in the Harland & Wolff shipyard over the years. The illnesses took 10 or 20 years to catch up with them. Perhaps the Minister could look towards Northern Ireland and what has happened there—as ever, I am trying to be helpful. Northern Ireland has its own set of guidelines, called the green book, for assessing damages. General damage for lung cancer and mesothelioma in Northern Ireland is typically estimated at between £125,000 and £250,000. While symptoms from negligent causes are similar, the distinction between the treatments remains in place. Does he agree, as I think he does, that the loophole must be closed once and for all? Perhaps we can start that tonight by the Minister doing that very thing. Thank you for letting me in, Madam Deputy Speaker —you are very kind.

[Madam Deputy Speaker]

It would not be an Adjournment debate without Mr Jim Shannon, would it?

[Douglas McAllister]

The hon. Member is correct to recognise that point. This issue cuts across all nations in the United Kingdom, not least Northern Ireland, with its rich and proud shipbuilding past. I thank him for his considered intervention.

The difficulty is that the principle relating to mesothelioma does not apply to sufferers of asbestos-related lung cancer, despite the fact that the diseases are strikingly similar. Both are caused by asbestos exposure and have incredibly similar symptoms, to the extent that medical professionals struggle to differentiate the two. Both are devastating and often fatal—in fact, around 60% of people diagnosed with asbestos-related lung cancer die within a year, which is a higher proportion than those diagnosed with mesothelioma—yet the law treats the victims of the two diseases very differently when it comes to compensation.

That difference is not based on medical evidence or moral principle; it exists simply because asbestos-related lung cancer cases were not considered when the legislation was introduced in 2006. Does the Minister agree that this situation is irrational and unfair? I emphasise that this debate is not to do with the legality of proving whether the cancer is asbestos related or not; it relates specifically to cases where the patient has been formally diagnosed with asbestos-related lung cancer.

For people with asbestos-related lung cancer, the current legal framework creates a significant and deeply unfair obstacle. In many cases, individuals were exposed to asbestos by multiple employers over the course of their working life. Under the current legal framework, compensation must be apportioned between the different employers responsible according to the extent to which each contributed to the risk of the disease. Victims must therefore bring claims against every employer responsible in order to recover full compensation.

Of course, the problem is that these illnesses often develop 30 or 40 years after exposure. By that point, many employers no longer exist. Companies have closed, industries have declined, and insurance records have been lost or destroyed. As a result, victims are frequently unable to trace every employer who exposed them to asbestos, or their insurer. When that happens, they are able to recover only the proportion of compensation attributable to the employers that can be traced. That means that people suffering from a terminal disease can lose substantial amounts of compensation simply because some negligent employers have disappeared over time.

That double standard of sorts has had profound consequences. In numerous cases, victims have lost tens of thousands of pounds in compensation because former employers could not be traced. The shortfall in compensation payments can be seen clearly. In one case in England and Wales, compensation that should have amounted to £112,000 was reduced by more than £76,000. In another case, a victim lost almost 70% of the compensation that would otherwise have been awarded. Across 33 documented cases concluded over the past seven years, the total compensation lost in this way amounts to less than £900,000, so this is not a vast sum in the context of the wider compensation system, but for the families involved it would make the world of difference to their quality of life at a time of immense hardship.

One case that illustrates the human impact particularly clearly is that of James Leo Heneghan. Mr Heneghan was born in 1938 and spent much of his working life exposed to asbestos dust. He died from lung cancer in 2013. After his death, his son, Carl Heneghan, pursued a claim for compensation on behalf of the family. Six of Mr Heneghan’s former employers were successfully traced and admitted liability for exposing him to asbestos. However, several other employers who had also exposed him to asbestos could not be found, and neither could their insurers. As a result, although the full value of the claim was £175,000, the family received just £61,100. Nearly two thirds of the compensation was effectively lost. Had Mr Heneghan been diagnosed with mesothelioma, a cancer strikingly similar to asbestos-related lung cancer, his family would have received full compensation. The disease did not affect Mr Heneghan any less severely because some employers could not be traced. The suffering endured by his family could have been eased, but because of the specific terms set out in section 3 of the 2006 Act, their rightful compensation was slashed.

The solution to this problem is simple and not unprecedented. Parliament has already established the appropriate legislative model. Extending the principle contained in section 3 of the Act to asbestos-related lung cancer would allow victims to recover full compensation from any one negligent employer or insurer. The responsibility would then fall on that employer or insurer to pursue contributions from other responsible parties. This approach ensures that compensation is delivered quickly and in full to the person who needs it most, while still allowing the costs to be shared appropriately among those responsible.

It is important to emphasise that the scale of this reform would be modest. Specialist practitioners estimate that fewer than 100 asbestos-related lung cancer claims are brought each year, and only a portion of those would involve missing employers. The number of people affected is therefore relatively small, but for those individuals and their families the consequences would be great.

Beyond giving compensation to those who rightly deserve it, this small change to the Act would have wider benefits beyond the individual claimants. Patients with asbestos-related lung cancer often need a lot of care and support. With adequate compensation, they can afford additional care, specialist equipment, or medical treatments that may not be immediately available through the NHS. This gives patients the dignity and choice they deserve and eases the pressure on already stretched public services. Making sure negligent employers and insurers pay the full compensation would also prevent the burden from falling on the state through the benefits system. Taxpayers should not have to shoulder the financial consequences of workplace negligence.

The Compensation Act 2006 was a great piece of legislation brought in under the previous Labour Government. It just contains an unintentional oversight, and one that is easily rectified. Parliament did not deliberately choose to treat victims differently; asbestos-related lung cancer was simply not considered when the law was changed in response to legal developments concerning mesothelioma. There is a gap in the legislation. Closing that gap would not require a fundamental overhaul of the law; it would simply involve extending an existing and widely supported principle to a closely related group of victims.

It is a simple solution, and it comes down to fairness. There is absolutely no justification for treating sufferers of asbestos-related lung cancer any differently from sufferers of mesothelioma. When compensation cannot be recovered from some employers because they have disappeared, who should bear the financial burden? At the moment, that burden falls on the victim suffering asbestos-related lung cancer. The law should allow those people to recover full compensation from any one employer who is responsible. That employer can then seek a contribution to the damages awarded from other responsible employers or insurers.

In my frequent meetings with the Clydebank Asbestos Group, I have heard personal stories about how this has affected people in my community and across the UK. It is outrageous that victims and their families are not being given the support, dignity and rightful compensation they deserve. The time for sufferers of asbestos-related lung cancer to receive the same recognition as those with mesothelioma is long overdue.

It is incredibly significant and appropriate that we debate this today because 2026 marks 20 years since the last Labour Government introduced the Compensation Act. That is 20 years of sufferers of asbestos-related lung cancer not getting the compensation they rightly deserve, and it is time to make that change. Will the Minister agree to meet me and to work with me and the relevant organisations involved with this issue to review the Compensation Act 2006 and discuss how we can make the necessary improvements by way of amendment, so that people suffering from asbestos-related lung cancer and their families can finally access the full and fair compensation that they deserve?