Asbestos in Workplaces

Stephen Timms Excerpts

Wednesday 19th April 2023 Westminster Hall

[Sir Stephen Timms (East Ham) (Lab)]

I, too, congratulate the hon. Member for Loughborough (Jane Hunt) on securing the debate and on her speech. As she said, the Work and Pensions Committee published a report on asbestos management on 30 March last year. Ministers unfortunately rejected our recommendations but, for reasons that we have heard today, the case for action looks even stronger now than it did then.

Our report opened with this point:

“Asbestos-related illness is one of the great workplace tragedies of modern times.”

Asbestos is still the biggest source of work-related fatalities in the UK, and the fact that we used brown asbestos for a long time, and used it very heavily—

[Ian Paisley (in the Chair)]

Order. I am sorry to interrupt the debate but there is a Division in the main Chamber. Please try to be back here within 15 minutes.

--- Later in debate ---

On resuming—

[Sir Stephen Timms]

The assumption in the current regulations, as the hon. Member for Loughborough said, is that if the asbestos is in reasonable condition and not disturbed, it should not harm anybody, but that assumption looks increasingly unsafe. We have heard from others about the extent of the problem of asbestos in schools and hospitals—I understand that the scale of the threat will be highlighted in a big article in The Sunday Times magazine this coming weekend—but I worry that there has not been enough focus on this problem over the last few years.

In 2019-20, the Health and Safety Executive conducted 907 inspections of work by licensed asbestos inspectors, which is 40% fewer than in 2012-13. The fall in number of asbestos enforcement notices from 2011-12 to 2018-19—a period when the HSE really struggled with resources and should have had more support—was 60%, which was much greater than the fall in the number of HSE enforcement notices in that period, at only 10%.

The Minister’s predecessor, the right hon. Member for Norwich North (Chloe Smith), told our Committee that the Government had “a clearly stated goal” that

“it is right to—over time and in the safest way—work towards there no longer being asbestos in non-domestic buildings.”

We agreed with the Minister about that, and I hope the current Minister will reaffirm that view, but we think we need a plan to achieve that goal, not just a hope that it happens by happenstance. As the House has been rightly reminded, we recommended a 40-year deadline to remove all asbestos from non-domestic buildings and a plan to achieve it, and that the HSE should develop a central digital register of asbestos in non-domestic buildings.

We know that we will have to do a lot of work to our buildings to deliver net zero in the next few decades, and that means two things. First, asbestos left in place will not be left alone for long; it will be disturbed. That potentially creates a big problem, but it also creates an opportunity, because we can remove asbestos at the same time as making the net zero changes that will have to be made, and so achieve removal relatively cost-effectively. That is what we should be doing.

Since the Select Committee’s report, published research has strengthened the case for action. We have heard about the report of the Asbestos Testing and Consultancy Association, which I am glad will become an annual report. One of the lessons from that survey is that producing a national central register of asbestos, as recommended by the Select Committee, will not involve massive new data collection. A lot of the data is already there. It needs organising, assessing and quality-assuring, but that is a wholly manageable task. The industry has done a large chunk of it already without any Government support; with Government support, the whole thing becomes a very manageable task.

I welcome the programme of inspections in 400 schools that the Health and Safety Executive has been undertaking. The HSE has made the point that a lot of those schools do not have a plan for managing asbestos risk. The Irwin Mitchell report, which has been mentioned, estimates that if we do not do anything, it will take 80 years to get rid of asbestos from all local authority buildings, so we really need to get a move on.

Finally, and to echo an earlier intervention, if the Retained EU Law (Revocation and Reform) Bill reaches the statute book in its current form, there will be no UK regulations on managing asbestos for the first time since 1930. I do not think that anybody wants that to happen, so perhaps the Minister can reassure us that there will be secondary legislation to fill that gap. Can she tell us when it will be published and whether it will be consulted on? I ask her as well to reconsider the Government’s response to those two crucial recommendations for a 40-year deadline and a central register.

--- Later in debate ---

[Mims Davies]

I have a feeling I will be sent a note on that, and I thank the right hon. Gentleman for his intervention. We have spoken about a lot of matters this afternoon, and I hope I will be forgiven if I do not respond to every question. I shall respond to some, and I assure right hon. and hon. Members and the Chair of the Select Committee, the right hon. Member for East Ham (Sir Stephen Timms), that I shall put a copy of the responses in the Library of the House.

Under the law on dumping locations, asbestos must be disposed of in licensed sites, but we are aware of some issues of illegal dumping. The HSE supports local authorities in their enforcement responsibilities in this area, but I will take that point away.

Before I move on, I will try to answer some questions before progressing with my speech. On the question regarding asbestos research from the hon. Member for Motherwell and Wishaw, the Health and Safety Executive has published a comprehensive science and evidence strategy associated with a delivery plan, and it includes commitments. It will continue to research and publish those findings.

On the retained EU law questions, the focus continues to be on ensuring appropriate regulatory frameworks, and maintaining the United Kingdom’s high standards for health and safety protection, but we balance that with reductions in burdens to business. The HSE’s approach is closely aligned with the Government’s pledges to do more for business, to promote growth, to deal with disproportionate burdens and to simplify the regulatory landscape.

Our standards are all about health and safety protections, and they are among the highest in the world. The HSE will continue to review its retained EU law to seek to look at the opportunities, but it always looks at what is happening around the globe, as has been mentioned.

[Sir Stephen Timms]

I do not think the Minister would suggest that we should scrap all asbestos regulations for the first time since 1930, so that does imply that there will be some secondary legislation. Can she give us any indication of when that will be forthcoming?

[Mims Davies]

I assure the right hon. Gentleman that we are looking at exactly that at the moment. The rules and regulations are for the HSE. It has the experts and it needs to do what it sees fit. I will be looking very closely at the HOUSE, which will be bringing proposals to Ministers; that is being looked at currently. As soon as I have more to share, I will do so. We are clear that the HSE is committed to its regulatory role and to supporting wider Government priorities.

The right hon. Member for East Ham, who chairs the Work and Pensions Committee, talked about resourcing, as did other Members. We know that this area is highly risky. Licence holders—those who undertake removal work—are individually reviewed and that is followed up. The inspections are really important. Our end-to-end approach provides assurance that the licensing regime is fit for purpose and working effectively. The HSE takes that very seriously. In ’23-24, as part of its planned inspection activity, the HSE will continue to carry out inspections across the construction industry where asbestos exposure risks continue to be raised. Inspection work in schools and other organisations, which has been mentioned this afternoon, will continue to happen to effectively manage that asbestos legacy.

The HSE allocates budgets and resources on the basis of levels of expected interventions, including inspection, investigation and enforcement activity, and does not allocate budgets at sub-activity level, such as for construction and health inspection. We have a range of different interventions and a way of doing things on which the HSE is very strident, and I reassure the House that nothing has changed.

I will mention NDAs, because, like others, I have been appalled this afternoon to hear about the issues affecting teachers. This is a matter for the Department for Education, but I will ask my officials to raise it with the DFE so that a response can be provided.

The hon. Member for Motherwell and Wishaw asked how we are supporting people suffering with asbestos-related diseases. In 2022-23—it says ’23-24 in my notes; I do not think that is right, but I will get my officials to check whether that is the case—1,890 payable industrial injuries disablement benefit assessments took place, and the scheme provides a weekly payment based on the assessed level of disablement. I will write to the hon. Lady with further details and confirmation for her. There are lump sum compensation payments as well, and I am happy to send her further details on that.