Asbestos-related Lung Cancer: Compensation Act 2006

Warinder Juss Excerpts

Monday 16th March 2026 Commons Chamber

[Douglas McAllister (West Dunbartonshire) (Lab)]

I have called this Adjournment debate on the subject of the Compensation Act 2006 and asbestos-related lung cancer because I wish to bring to the attention of this House an injustice in the way the law treats victims of asbestos-related disease, and to urge the Government to review the operation of section 3 of the Compensation Act 2006 to ensure that it supports sufferers of asbestos-related lung cancer. A simple change in the law will ensure that all victims of lung cancer caused by exposure to asbestos at work are treated equally to those suffering from mesothelioma.

Although asbestos has been banned in the United Kingdom for more than 25 years, its deadly legacy continues. Each year, around 5,000 people in Great Britain die from cancers caused by asbestos exposure at work. It remains the single biggest workplace killer in the country. In my constituency of West Dunbartonshire, this issue is particularly prevalent. My constituency is among Europe’s worst hotspots for deaths linked to a cancer caused by exposure to asbestos at work, with more than 340 deaths since 1980. I have lived in Clydebank all my life and have seen at first hand the devastating effects of asbestos. This issue is deeply personal to the community I represent. For a number of years I have worked closely with the Clydebank Asbestos Group, an organisation that does so much to fight for truth and justice for sufferers of asbestos-related illness.

Towns like Clydebank, Dumbarton and the surrounding villages were built on heavy industry and, above all, the proud tradition of shipbuilding along the River Clyde. Generations of local men and women worked in the great yards, such as John Brown & Company, and in the engineering works, factories and power stations that supported them. Those industries built ships that sailed the world and powered Britain’s economy, but they also exposed thousands of workers to asbestos without adequate protection. They trusted their employers to keep them safe and, in too many cases, that trust was betrayed.

To give a bit of background, the origins of section 3 of the Compensation Act 2006 lie in a series of court decisions that exposed a serious problem in the law for victims of mesothelioma caused by exposure to asbestos. In the case of Fairchild v. Glenhaven Funeral Services, the House of Lords recognised the unique position that these victims face. Asbestos diseases can develop decades after exposure, and because it is impossible to identify which particular fibre caused the illness, the court accepted that it should be enough for a claimant to show that an employer had materially increased the risk of the disease. However, a later ruling in Barker v. Corus UK created a new difficulty by deciding that employers should be liable only for their share of the risk. In practice, that meant victims could lose a large part of their compensation if some employers or their insurers could no longer be traced.

Parliament recognised that this outcome was deeply unfair and rightly acted quickly to unanimously pass the Compensation Act 2006, ensuring that people suffering from mesothelioma could recover full compensation from any one negligent employer. Section 3 of the Act therefore created a crucial protection. It allows victims of mesothelioma to recover full compensation from any one negligent employer, even if other former employers or their insurers cannot be traced. That reform was passed with unanimous support because Members recognised that people diagnosed with a terminal asbestos-related cancer should not be forced to pursue complex claims against multiple employers while facing an extremely limited life expectancy.

[Warinder Juss (Wolverhampton West) (Lab)]

My hon. Friend is making a powerful argument. Does he agree that the whole reasoning of section 3 of the Compensation Act was because of the difficulty in identifying employers who exposed claimants to the particular fibres that caused mesothelioma, and that it is a huge anomaly that the section should apply to mesothelioma cases caused by asbestos but not to cases where people have developed lung cancer due to asbestos? This injustice should be remedied as soon as possible.

[Douglas McAllister]

My hon. Friend is correct, and I recognise his obvious expertise in this matter. I believe that he practised law, and in particular personal injury law, prior to being elected to this House. I thank him for his intervention and for all he does for his constituents in Wolverhampton West.

Courts and Tribunals Bill

Warinder Juss Excerpts

2nd reading
Tuesday 10th March 2026 Commons Chamber

[Gideon Amos]

Of course I accept that the legal system has evolved and changed, and that the right to trial by jury has changed, but my concern is that in serious cases, where someone could be imprisoned for up to two years and their reputation destroyed, people would want to be tried by jury. Our legal system currently protects that right, but that would be swept away by this Bill.

[Warinder Juss (Wolverhampton West) (Lab)]

We already have judges who make decisions on cases where children are taken away from parents, so does the hon. Gentleman not consider those to be serious cases? Some 90% of cases are dealt with by magistrates, so does he say that justice is not achieved in those cases?

[Gideon Amos]

Of course magistrates do a vital job, but when I visited magistrates in my constituency, they explained that they seriously doubt that it will be possible to recruit sufficient people to meet Ministry of Justice estimates about cost saving and time saving.

To conclude, for me cases that will result in imprisonment of up to three years—or up to two years if they come before a magistrate—are serious enough to warrant the right of defendants to request a trial by jury. Those are the protections currently in place in law. We should hold on to those protections and defend them as a guarantee of our liberty in this House and in the country.

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[Imran Hussain]

What I am saying is that there is a reason that we protect this liberty—this cornerstone of our system of justice and democracy. When we see this much of a change in state power, I will tell my hon. Friend who is at the receiving end first: it is black, Asian and minority ethnic communities, working-class communities, elderly communities and women who are disproportionately impacted.

[Warinder Juss]

Does my hon. Friend agree that the restriction of jury trials in some cases is just one among a whole range of measures, and that in order to protect really vulnerable victims—for example, rape victims, who will have a jury trial—we need to make the process quicker? That necessarily means that, for some other cases, the decision to take away juries is a measure to protect the most vulnerable.

[Imran Hussain]

These are not competing interests. I thank all hon. Members who have made brave and passionate speeches today—I salute their courage. Of course we want to see justice delivered to victims as soon as possible, but there is not a shred of evidence that suggests that curtailing jury trials will do that. My hon. Friend the Member for Walthamstow (Ms Creasy) addressed that point with great passion.

Let us be clear about what the proposals mean in practice. The Government are suggesting that people could face lengthy prison sentences following judge-only processes in a new category of so-called swift courts. Frankly, that should send a chill through every democrat in this country. Ministers claim that this is about efficiency, but no argument has been put forward in this debate to support that. Restricting jury trials would deliver only limited time savings in the Crown court system—hon. Members have made that case time and again today.

The core point is that undermining fundamental rights will not fix a backlog caused by years of under-investment, court closures, reduced capacity and a criminal justice system stretched to breaking point. Ministers have published impact assessments, but they have still not shown that curtailing jury trials will meaningfully solve a backlog caused by years of under-resourcing.

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[Warinder Juss (Wolverhampton West) (Lab)]

I was recently contacted by a constituent who was raped more than three years ago. Her initial court date was set for February last year, more than two years after the offence. She prepared for that day practically, mentally and emotionally, only for the hearing to be pushed back by 24 hours at the last minute. That happened three times in a row—three nights without sleep, three mornings of preparation, three days of reliving her trauma with no progress being made. The case was then postponed again, this time for an entire year. She went through another 12 months of stress and uncertainty, hoping to close this painful chapter of her life in January of this year, but the date was once again pushed back, this time until November. All my constituent wants is to receive the justice that she deserves and move on with her life. Our justice system is failing victims by delaying justice. Justice delayed is justice denied.

[Rachel Taylor]

I really feel for my hon. Friend’s constituent. Warwickshire police used to have one of the worst records in the country for charging in rape cases, but they have turned that around and now have one of the best. Does he agree that, for the police to continue doing their work investigating the accused, our court system must support fair and timely trials? Only then will we restore public trust in our justice system.

[Warinder Juss]

Yes, the measures are all about getting timely justice, which is why I will support the Bill.

This Labour Government inherited a system on the brink of collapse, and in which cases like my constituent’s are all too common. We must all recognise that action is sorely needed, and I welcome the Government’s commitment to reform. I thank Sir Brian Leveson for his detailed and thoughtful review—part 1 was completed last July, so the Bill is not being rushed. His review has played a significant role in shaping the reforms in the Bill. I know that there are mixed opinions about the proposed changes to jury trials, but the independent review of the criminal courts was carried out because of the truly appalling backlog in our criminal justice system. I have heard of trials in the most seriously affected courts being listed into 2030. I heard this morning that victims are saying that waiting three years for their case to come to court was worse than the rape itself. Jury trials do take longer, and I would have preferred the Government to follow Sir Brian’s recommendation that a new bench division be created, in which a judge and two magistrates try cases without a jury.

However, I trust this Government to take the necessary steps to repair our justice system while preserving the sanctity, fairness and integrity that underpin justice in this country. Any proportionate and appropriate amendments to the Bill can be made in Committee. I also welcome the investment that this Government have made in modernising our court system, to try to reduce the backlog while ensuring that victims do not face unnecessary delays and inefficient processes when seeking justice.

[Anna Dixon (Shipley) (Lab)]

I recently visited Leeds Crown court, where I saw the benefits of some of that investment in a victim support suite, which ensured that victims, particularly of violence against women and girls, were safe and secure. Does my hon. Friend agree that both the investment and the reforms that we are considering are necessary to deliver swift and fair justice for victims?

[Warinder Juss]

Absolutely. I have had discussions with Sir Brian Leveson on a number of occasions, and he confirms that no one measure will achieve the reforms we need; we need to take a number of measures, of which the restriction in jury trials is just one, to achieve what we are trying to achieve.

I also welcome the additional safeguards for victims in rape and serious sexual offences cases, drawing on recommendations from the Law Commission. These new procedures will ensure that vulnerable victims of these horrific crimes are protected throughout the justice process, prevent further trauma, and ensure a move away from lines of questioning that perpetuate harmful rape myths and stereotypes.

The backlog in our courts and the delays denying justice to victims require bold and drastic action, and we need to take that action now. I therefore welcome this Government taking concrete steps to address the crisis that we have inherited, and I will support this Bill. Although I have concentrated on jury trials, there are other measures in the Bill that I welcome, such as the move away from the presumption of parental involvement in family courts, which will allow the Government to put the best interests of children first. We need drastic action, and we need to take it now, so I welcome everything the Government are doing.

Oral Answers to Questions

Warinder Juss Excerpts

Tuesday 3rd February 2026 Commons Chamber

[Alex Davies-Jones]

The hon. Lady is totally right to raise that point. We talk a lot about multi-agency working, but it is difficult to put into practice. As she will be aware, just before Christmas we published the “Freedom from Violence and Abuse” strategy on how we can tackle violence against women and girls, with multi-agency working on a national level and practices and applications at the heart of that strategy. I will meet our victims’ sector advisory board later this afternoon, and I will make sure to raise this point with them as well, so that we bring them in. They are the people on the ground delivering this work, so we should learn from them directly.

[Warinder Juss (Wolverhampton West) (Lab)]

I welcome the action that the Government are taking to reduce the court backlogs, especially for cases involving violence against women and girls. What consultation has taken place with victims organisations and charities regarding the plans to restrict jury trials? We must ensure that these victims are kept at the heart of any reforms to the courts system, so that they can be satisfied that timely justice will be delivered.

[Alex Davies-Jones]

It is right that victims are put back at the heart of our criminal justice system. For far too long, their views and their voices were ignored, but not by this Government. The Minister for Courts and Legal Services, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman) and I have met many victims of horrific crimes to hear about how court delays have impacted on them. The Victims’ Commissioner is supportive of our reforms as outlined in Sir Brian Leveson’s report, and we look forward to part 2 being published imminently so that we can discuss how better we can support victims of these crimes going forward, ensuring that they get their day in court and see justice being done.

Jury Trials

Warinder Juss Excerpts

Wednesday 7th January 2026 Commons Chamber

[Sarah Sackman]

My hon. Friend is right: at the heart of the considerations that we must make as we bring our justice system, reformed and rebuilt, into the 21st century, are victims. This is all about delivering swift justice for victims, because what our constitution guarantees is not a constitutional right to a jury trial, but a constitutional right to a fair trial. The essential ingredient of fairness is timeliness, not waiting years while evidence deteriorates, memories fade, and victims and witnesses alike pull out; it is about getting swift justice. When I talk about reform of the system, of course I listen to important stakeholders who lead our professions, and of course their opinion counts, but my interest is in having a criminal justice system that serves the public, not one that serves lawyers.

[Warinder Juss (Wolverhampton West) (Lab)]

The Opposition are keen to rely on Magna Carta to defend jury trials, but Magna Carta also states that justice should not be delayed. Sir Brian Leveson reported that jury trials are taking twice as long as they did in 2000 because criminal cases are now much more complex and can involve thousands of pages of electronic evidence. We are putting more pressure—financial and otherwise—on jurors, and it is now much more difficult to support and guide them. There is clearly a case for reform. I understand that one recommendation made by Sir Brian Leveson was to have jury trials replaced by a judge and two magistrates, so could that be a possible compromise to reduce the delays?

[Sarah Sackman]

My hon. Friend is right to say that the nature of crime and of the evidence presented is altering the way our criminal justice system works, but let me provide this reassurance to the House: as well as modernising and rebuilding our justice system, these measures are designed to protect jury trials for the most serious cases. As I have said, many of those trials are becoming compromised, with many victims of the most serious crimes waiting years for justice. It is right that when we ask jurors to do the most important civic duty, we use their time wisely. Does it make sense that the queue of the victim of rape or of a homicide is shared with someone who has stolen a bottle of whisky and who could be dealt with by a lay magistrate who, by the way, introduces the lay and democratic element into our courts?

HMP Leyhill: Offender Abscondments

Warinder Juss Excerpts

Monday 5th January 2026 Commons Chamber

[Madam Deputy Speaker]

I call Justice Committee member, Warinder Juss.

[Warinder Juss (Wolverhampton West) (Lab)]

Any prisoner absconding is, of course, bad news and something that should not happen, but does the Minister agree that it is a symptom of the broken-down prison system that we inherited from the previous Government and something that we are now trying to sort out? Can she confirm that the rate of prisoners absconding is lower under this Government than it was under the previous Government?

[Alex Davies-Jones]

My hon. Friend is right: the levels are decreasing. That is due to the strong and robust frameworks on absconding prisoners that we are putting in place. We inherited a prison system on the brink of collapse and took immediate action days after coming into office to stabilise our prisons. We are bearing down on releases in error, which have caused huge upset and concern to victims and can put the public at risk. I state again at the Dispatch Box that that is wholly unacceptable. We have introduced mandatory stronger release checks to catch those errors before they happen, as that is the most effective way of protecting the public, and Dame Lynne Owens is examining the causes of releases in error.

Abscondment numbers are coming down. I am proud of the work that has been done. Any abscondment is one too many and we are working to bring that number down even further.

Oral Answers to Questions

Warinder Juss Excerpts

Tuesday 16th December 2025 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

15. What steps he is taking to tackle backlogs in the courts.

[Warinder Juss (Wolverhampton West) (Lab)]

20. What steps he is taking to tackle backlogs in the courts.

[The Minister for Courts and Legal Services (Sarah Sackman)]

The Government inherited a justice system in crisis. Whether for a family experiencing family breakdown, small business owners trying to resolve contractual disputes or victims of crime, we inherited a system in crisis in every jurisdiction. We are beginning to turn that oil tanker around. We are sitting at maximum or close to maximum capacity in every single jurisdiction, while investing up to £450 million in our courts every year.

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[Warinder Juss]

Justice delayed is justice denied is the harsh reality for the nearly 80,000 cases that are currently waiting to be heard in the Crown court. I am pleased that the Government are taking action to modernise our justice system and to be reassured that the sanctity of jury trials will be preserved. Considering that only 3% of criminal cases are currently tried by a jury, what assessment has the Minister made on the impact that removing jury trials from certain either-way offences will have on significantly reducing the present unacceptable court backlogs?

[Sarah Sackman]

My hon. Friend raises a number of incredibly important points. Behind each and every one of those 80,000 cases in the backlog is a victim, as well as someone who is accused who may be trying to clear their name. As the backlog heads in the wrong direction, with agonising delays for all participants, we will not sit idly by. That is why we have adopted the recommendations of the independent review of criminal courts. It makes the important observation that 90% of cases in this country are currently dealt with robustly, properly and in a timely fashion without a jury in our magistrates courts. The whole package of reforms that we are bringing forward, which is not a pick-and-mix, is designed to deliver swifter justice for victims.

Criminal Court Reform

Warinder Juss Excerpts

Tuesday 2nd December 2025 Commons Chamber

[Mr Lammy]

Of course that person would get permission to appeal if the circumstances were legally correct.

[Warinder Juss (Wolverhampton West) (Lab)]

I welcome the proposals to tackle the court backlogs and delays, which the previous Government did nothing to address. Will the Secretary of State please confirm that this Government will preserve the sanctity of jury trials, and that the proposed changes relate only to some either-way offences—those that are considered to be less serious and can therefore be properly dealt with by magistrates, who already deal with 90% of criminal cases?

[Mr Lammy]

Yes, I can. For every victim of a crime, the crime is serious, but the decisions that I am announcing at the Dispatch Box are about the length of sentences—about asking our magistrates to go up from one year to 18 months, and asking the new division in the Crown courts to deal with sentences of 18 months to three years.

Separation Centres: Terrorist Offenders

Warinder Juss Excerpts

Thursday 20th November 2025 Commons Chamber

[Alex Davies-Jones]

I thank the Liberal Democrat spokesperson for his questions and for the constructive way in which he asks them. He is right to highlight the chronic underfunding of our Prison Service and our criminal justice system over 14 years of Tory austerity. He is right that if there is a dereliction of the duty to look after our criminal justice system, this, sadly, is the result. We are slowly beginning to pick up the pieces of what was left of our criminal justice system when we came into office 18 months ago, and this is yet another example of how the previous Government failed to keep us safe and failed to invest in our Prison Service. This is the result.

We realise that more needs to be done and we are committed to doing it. I pay tribute again to the brilliant prison staff and prison officers who work in intolerable conditions. We are committed to investing in them to make sure they are safe, as I have stated, with effective body armour and better training. We are listening to them and to the governors of prisons directly about what they need, because they are the best people to identify the needs on the ground, and we are seeking to provide reassurance. I extend a hand across the aisle and offer to work with the Liberal Democrat spokesperson and his party to ensure that we get this right for the sake of everyone.

[Warinder Juss (Wolverhampton West) (Lab)]

The European convention on human rights has safeguarded the lives and rights of many people. Will the Minister please tell the House what the Law Society of England and Wales thinks about the Conservatives’ plans to leave the ECHR?

[Alex Davies-Jones]

My hon. Friend makes a valid point. In the past, the convention has served the victims of John Worboys, the families of the 97 killed in the Hillsborough disaster and British troops who died in Iraq, and it underpins the Good Friday agreement. It is frankly astonishing that the Conservative party, after 14 years of failing to do anything on the ECHR, seeks for us to withdraw from it, when the only other country to do have done so is Russia under Vladimir Putin. Is that the company the Conservative party wants to keep?

We are working to ensure that our referral process is robust, and we are strengthening our ability to defend against any legal challenges. Specialist staff continue to assess referrals rigorously, and placements are made only when the criteria are met, but to answer my hon. Friend’s question specifically, the Conservative Government, as we have already heard, left our prisons at breaking point. They were at 99% capacity, and the Law Society of England and Wales has stated that the answer to that is not leaving the ECHR.

Prisoner Releases in Error

Warinder Juss Excerpts

Tuesday 11th November 2025 Commons Chamber

[Mr Lammy]

I say to the hon. Lady, who reflects on the releases in error, that 57,000 people are released from prison every year. I am sure that, like me, she will commend the good work of prison officers and those in offender management units across our prisons, who do a very difficult job in very difficult circumstances.

The hon. Lady refers to the complexity. The last Government kept expanding their emergency release scheme—from 18 days to 35 days, and then to 70 days. In 2021, a review found 503 pages of guidance that staff had to follow for early release. It is a paper-based system. I cannot stand here as Secretary of State and say that we can eradicate all human error in a paper-based system, because we cannot. The only way to deal with it is to use technology to bring those levels down to something that the House would think is acceptable. I want to see the figure come down to historic levels over the course of this Parliament. It will of course take further investment, but I hope that the £10 million investment in the new digital team, and indeed the support that we are now offering between courts and prisons, will make a substantial difference.

The hon. Lady asks me what I am doing. I am delivering a new justice performance board, Dame Lynne Owens’ review, the urgent query process that I have outlined, the digital rapid response system and, of course, a simplified release policy, which is effectively what will come out of the Sentencing Bill.

[Warinder Juss (Wolverhampton West) (Lab)]

Does my right hon. Friend agree that wrongful releases of prisoners will have caused a lot of distress and anxiety to the victims, their families and others? Does he also agree that we inherited a prison system that was in complete chaos and in such major breakdown that, although we are now taking the appropriate action to sort out the prison system and to prevent wrongful releases, this is going to take some time?

[Mr Lammy]

My hon. Friend is absolutely right, and I think the public recognise that. They might not have visited our prisons, but they know that cuts in our public services are real. They see it in their local authorities. They see it in their local hospitals. They see it in their local schools. They know that things like Sure Start were decimated. I am afraid that our Prison Service, which the public do not see, was one of the worst-hit public services.

It is my job to minimise that risk to the public, which is why I am introducing new measures and have asked Dame Lynne Owens to look at this issue very carefully. She is a former head of the National Crime Agency, and I know she will do a forensic examination. I will implement her recommendations so that we can bear down on this problem, but it is a paper-based system. Coming into this job, I did not realise that it was a paper-based system. I am not sure that the shadow Justice Secretary has realised that since he has been doing his job, but former Conservative Justice Secretaries know that it is a paper-based system, and they know that that is why errors happen.

Oral Answers to Questions

Warinder Juss Excerpts

Wednesday 5th November 2025 Commons Chamber

[Ben Obese-Jecty (Huntingdon) (Con)]

12. Whether she has had recent discussions with Cabinet colleagues on reviewing the strategy entitled “Tackling violence against women and girls.”

[Warinder Juss (Wolverhampton West) (Lab)]

14. What steps she is taking with Cabinet colleagues to help tackle violence against women and girls.

[The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)]

Tackling violence against women and girls is a top priority for this Government. We will deliver a cross-Government, transformative approach underpinned by the new strategy, which we aim to publish as soon as possible. This strategy is overseen by the violence against women and girls ministerial board, the safer streets mission board and regular stocktakes by the Prime Minister. This structure holds the Government Departments to account.

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[Jess Phillips]

Yes, I can absolutely give the hon. Gentleman that assurance, and I would be more than happy to meet him to discuss these matters and see where we can go forward together. The delay is being caused by the fact that the work will be completely cross-governmental; we must ensure that the allocations processes, and all the things that go on in Government Departments, are as good as they possibly can be, because the National Audit Office reports about previous VAWG strategies have left a lot to be desired, and I do not want that to happen again.

[Warinder Juss]

In the last couple of months the west midlands has seen a spate of racially motivated attacks on women of colour, including rapes of Sikh women, who now tell me that they are scared to walk on our streets or use public transport to go to work. Does the Minister agree that there is no place in Britain for any kind of racial hatred and that these crimes must be punished to the full extent of the law? What assurance can she offer women and girls in my Wolverhampton constituency that they will have the full protection of the police and the authorities so that they can feel safe?

[Jess Phillips]

I thank my hon. Friend and Birmingham constituency neighbour and share his real concern about a spate of what appear to be instances of racially motivated sexual violence. All I can say is that some of these cases are sub judice and charges have been laid, but I absolutely assure him that I have spoken to organisations that work on the ground with black and minoritised women to ensure that we do everything we can, along with the police and other agencies, to make sure that women where he and I live feel safe.