Oral Answers to Questions

Stephen Hepburn Excerpts

Tuesday 15th June 2010 Commons Chamber

[Mr Blunt]

I can assure my hon. Friend that we will do our absolute level best to improve the position.

[Mr Stephen Hepburn (Jarrow) (Lab)]

14. What recent representations he has received on compensation for people with pleural plaques.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

Let me first recognise the hon. Gentleman’s relentless campaigning on compensation for pleural plaques sufferers. I recently answered two written parliamentary questions relating to pleural plaques, and Ministers have received a number of letters from hon. Members and their constituents.

[Mr Hepburn]

I thank the Government for standing by the previous Government’s commitment to compensate past pleural plaques victims, but will the Minister go one step further, as Labour did when in office, and give a commitment that if any new medical evidence comes forward on the condition, the issue will be reopened?

[Mr Djanogly]

The issue was considered extensively in the last Parliament. A public consultation was carried out, and authoritative medical reports were prepared by the chief medical officer and the Industrial Injuries Advisory Council. The Government consider that in the light of that evidence, it would not be appropriate to overturn the House of Lords 2007 judgment that the condition is not compensatable under the civil law of tort. However, of course, if the situation were to change, we would look at it again. If new medical evidence emerges that suggests that the existence of pleural plaques is an actionable cause and that the condition counts as compensatable damage, it will be open to claimants to pursue an action under the law of tort.