Payment Scheme (Mesothelioma)
The Minister of State, Department for Work and Pensions (Mike Penning): I beg to move,
That the draft Diffuse Mesothelioma Payment Scheme Regulations 2014, which were laid before this House on 3 February, be approved.
It is a pleasure to move these regulations on the Floor of the House. We had good debates on the Mesothelioma Act 2014, which allows us to move the regulations we need to ensure that the payments go to those who need them so much. The debates in the House and those with my noble Friend Lord Freud in the other place were incredibly valuable. I should like to place on the record my thanks to the late Paul Goggins. Paul campaigned for many years for the compensation for which these regulations make provision. It is a fitting tribute to him that I listened to him so much that we have moved to the figure of 80%, as I will say later in the debate.
We have debated these provisions, but it is good to mention at the start that the Act and the regulations continue to refer to 75% average civil compensation payments. I announced to the House on 6 March that, because the scheme administrator contract was let, and because we will stay within the 3% of the levy to employers, I am able to raise the percentage from 75% to 80%. I will introduce further regulations later, but I did not want to delay in any shape or form the compensation that is so badly needed.
Stephen Phillips (Sleaford and North Hykeham) (Con): Will the Minister confirm that, now we are moving to a scheme that will have an 80% compensation rate, 80% will apply to all claimants, including those who make their application under the regulations, on the face of which is the figure of 75%?
Mike Penning: My hon. and learned Friend is absolutely right. I was going to say that, even though the regulations are being debated today, all those eligible for the scheme will get 80%. It is important that people do not get one or another of the figures. It will be 80% across the board.
Ian Lavery (Wansbeck) (Lab): I am pleased with the increase from 75% to 80%. Will there be an opportunity in the near future to review the legislation to increase it from 80% to 100%?
Mike Penning: No, because I have to stay within the agreed 3% of the levy. The important thing, as we said throughout the deliberations on the Mesothelioma Bill, is to ensure that the cost is not passed on to new business. I have come under huge pressure not to raise payments to 80%, because of the risk to the levy. However, because we managed to let the contract to a reputable organisation, we have been able to raise payments to 80% without putting the fund at risk.
Although we will review the legislation, we will not raise payments to 100%. If nothing else, the hon. Gentleman has been consistent in pushing for 100%, and I fully understand why. I promised throughout the deliberations on the Bill that I would listen and that nothing was fixed in stone, but raising the level to 100% would push me, or whoever happened to be Minister at the time of such a review, too far.
Mr Gregory Campbell (East Londonderry) (DUP): Everyone will welcome the move to 80%. Can the Minister give an estimate of the cash differential between 75% and 80% for potential beneficiaries?
Mike Penning: The move will take the payment up to some £126,000, which represents an extra £13,000. That is in addition to the payment of £7,000 for legal fees, which will be introduced in separate regulations. When Ministers promise the House that they will listen, it is important that they try to do what is requested of them. I stuck rigidly to 75%, because I was not confident that there would be enough money in the fund to increase payments to 80%, let alone 100%. However, I am now confident that there is enough capacity to move to 80%, so when the scheme starts—I hope that that will be on 6 April—all those affected will receive 80%, even though we have been looking at 75%
Mr Nicholas Brown (Newcastle upon Tyne East) (Lab): I am grateful to the Minister for his explanation, and I admire what he has done in getting us to 80%. In truth, compensation ought to be at 100%. Sufferers feel 100% of the injury, and the industry took 100% of the premiums at a time when it believed that it would often have to compensate for pleural plaques as well as for mesothelioma. I hope that the matter is not closed and there will be an opportunity to discuss it again.
Mike Penning: I would be amazed if we did not discuss the matter again, as we have done over the years. It would be right and proper for us to do so. If we raise compensation payments to 80%, many people will receive more than they would have done through a civil court. The payment is an average, so some people would have received less in the civil courts. By raising the level from 75% to 80%, we have ensured that more people will receive more than they would have done if they had found their employer or their employer’s insurer.
Mr Jim Cunningham (Coventry South) (Lab): I apologise for being a little late. It would be interesting to know the difference in costs between payments of 80% and 100%.
Mike Penning: I will write to the hon. Gentleman with that information. We debated the matter at length at each stage of the Bill, and I reiterate that the key is to stick within the 3% agreement, which is not being passed on to new business. The House agreed when we debated the subject that to pass on costs to new business would be improper.
Kate Green (Stretford and Urmston) (Lab): While we are on the subject, does the Minister accept that, as we discussed in the Mesothelioma Bill Committee, even if we maintained the levy at 3%, the Government’s impact assessment makes it clear that after four years it would at least be possible to raise payments to 90%?
Mike Penning: We looked at that extensively in Committee, but those figures are all based on assessments. When the four-year review comes up, we will look carefully to see what is in the pot, but it would be irresponsible of me or any Minister to stand before the House and commit to emptying the pot completely by going even further. By moving to 80% I have moved as far as I can, and a lot further than many wanted me to move. I promised to increase payment levels if I could, and I have done so.
Ian Mearns (Gateshead) (Lab): The measure is not perfect, but we are greatly relieved that at last something is happening on behalf of sufferers all over the country. Has the Minister made any special provision for legal costs in the scheme?
Mike Penning: The hon. Gentleman must have been reading my notes, because I was just about to come to that. During the passage of the Bill, we made provision for payment of £7,000 for legal costs to all successful claimants, which will be made on top of the 80% payment. I was adamant that that £7,000 would go to the claimant or their families as the fund of last resort, and not directly to any lawyer. It is up to the individual to decide whom they appoint and how much they pay them.
We are looking carefully at the operation of the scheme and the website, and we think that many people will be able to make claims without the need for legal advice. If they can do so and they spend none of the £7,000, they will keep the money. If they spend part of it on legal fees, they will keep the remainder. It is important the moneys do not simply go off to lawyers as they have done in other, not dissimilar, schemes.
Steve Rotheram (Liverpool, Walton) (Lab): I congratulate the Minister on the progress that has been made. Any progress towards the 100% that the Opposition believe to be justifiable is a step in the right direction. Can he assure the House that the legal payment of £7,000 will not be a pro rata payment, and that claimants will receive the full amount even if they do not use it all on legal advice?
Mike Penning: Let me try to be as blunt as I possibly can, which is not unusual for me. The £7,000 is theirs. Even though the money is targeted at legal fees, how claimants spend it is entirely up to them. As I have said, we are trying to make the application as simple as possible. If they spend none of the money—remembering that we are talking about a fund of last resort for those who have been unable to find their employer or their employer’s insurer, and that, sadly, the money will often go to the dependants and loved ones of sufferers of this terrible disease—they will be able to keep all of it. Others, including hon. Members and trade unions, will assist them to ensure that they are not ripped off. The important point is that the £7,000 is an additional sum on top of the 80%.
I know that some colleagues are disappointed that we have not moved to 100%. Some colleagues may also be disappointed about the cut-off date, which we discussed extensively during deliberations on the Bill. As I have said—the right hon. Member for Newcastle upon Tyne East (Mr Brown) will understand this as a former Minister—I did not want to delay compensation by breaking the existing deal. The regulations are in their current format to avoid delay and allow the scheme to start, we hope, in the first week in April. We want to help those who desperately need the funds quickly.
Grahame M. Morris (Easington) (Lab): I congratulate the Minister and welcome his announcement that the level of compensation will be increased. We anticipate that there will be a rush of claims. If the fund is in surplus when that initial rush has been addressed and settled, will he give an assurance that the Government will look at using that money for other asbestos-related diseases or research?
Mike Penning: We expect there to be a surge, and that is why the scheme has received Government funding, which will be claimed back. It would be improper for me to make a commitment now about how any money that might be left in the fund will be used. However, we are working closely with the Department of Health and specialist research bodies. We are particularly focusing on the tissue bank, which is important in finding out why mesothelioma acts as it does so long after contact with asbestos; a gestation period of 40 or 50 years is not unusual.
If there is money in the fund when the review happens, whoever is the Minister at the time—I may still be in place; one never knows—will look at how best to use it. I am conscious that if I take any more praise from the Opposition, my reputation will be diminished enormously. With that in mind, I commend the regulations to the House.
...
Mike Penning: Although some of this evening’s discussions were similar to those we have had previously, it was right and proper that many colleagues reiterated some of their concerns about the scheme and how it is going to work, particularly in respect of the regulations.
As we discussed at length during the passage of the Mesothelioma Bill, which is now an Act, there are different callings on the money in the pot—let us bring it down to basics. There were calls for us to go further back with the scheme, not only to when the previous Administration made the announcement, but even further; to move the compensation percentage from 75 to 80; to include others in the scheme, perhaps the wife, spouse or loved one of someone working in this industry who had contracted mesothelioma as a result of cleaning her husband’s overalls—I am not being sexist, but that was the environment at the time; and to be generous in other ways.
The right hon. Member for Newcastle upon Tyne East (Mr Brown) was kind enough to allude to the fact that I inherited the Bill. Lord Freud had done a fantastic job. When the Bill entered the Lords the compensation figure was 70% and he is the one who got the insurers around the table to come up with any scheme whatsoever—herding cats is probably a good way of describing it.
I am sure that the Association of British Insurers will not like me saying that, but it is one of the reasons why, even when previous Administrations tried to do this—the right hon. Gentleman tried and so did Paul Goggins—it has taken so long. In the end we did a deal—let us be honest, we did a deal at 3% which would not be passed on to new business. We then started to frame where the money could go in the scheme of last resort.
Assumptions were made and some are still being made today, even though we have appointed a scheme administrator, which has cost us less—that was what the shadow Minister was asking about earlier. Assumptions were made about case legal fees—I am no lawyer, but my brief says that. Legal fees were highlighted by the shadow Minister and there are case legal fees that we now know we do not need, so we have saved money. I could have gone to 81% today, but that would have stretched the credibility of my honesty to the House and to the sufferers in terms of making sure the scheme is safe. A myriad different questions have been asked during our consideration of the regulations, but the crux of the matter is: how far could we go without putting the scheme at risk. That is why I have resisted some suggestions throughout our consideration, even though my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) rightly pushed me very hard. As the Minister, I had to stand firm until I knew how much money was in the pot—how much the scheme was going to cost us. So we are where we are.
Ian Lavery: Will the Minister assure the House that he will examine an anomaly outside the 3%: the situation of the people who receive 80% compensation but will have 100% of their benefits taken? Is it not right that anybody who gets 80% of what they should get should have to pay only 80% of the benefits back, too?
Mike Penning: I pay tribute to the hon. Gentleman for raising the issue again. I do not think there is an argument with the moral position, but the legal position is something completely different. When someone gets benefits—the right hon. Member for Newcastle upon Tyne East is nodding because he was dealing with exactly the same schemes—and then gets compensation, those benefits are reclaimed to the taxpayer. That is what happens across the board. I said all along that I would love to have paid 100%—my heart tells me that—but it has not been possible. I would like to have touched on a lot of the things that the right hon. Member for Newcastle upon Tyne East discussed in his speech such as groups of people outside the scheme. I would like to have dealt with those outside employee liability and with public liability. We talked earlier about young children in schools today who might inhale a tiny fraction of asbestos into their lungs and, 40 or 50 years from today, might get a preventable disease. It would be in their lungs and there is a possibility that they would get mesothelioma, which is terminal, and die within four to nine months.
Bob Stewart (Beckenham) (Con): I apologise for my ignorance, but once a person has been diagnosed with this dreadful disease should they not go straight to a civil servant and say, “I have been diagnosed with this, what should I do? Can you please help me?” Is that the system that operates at the moment? If it is not, it should be.
Ian Lavery: I will second that.
Mike Penning: The motion is not carried. I appreciate that my hon. and gallant Friend has not been with us for all the debates on this, but I am afraid that that is not the case. This is a scheme of last resort. In most cases, people who get this abhorrent, horrible and preventable disease will be able to claim from their employer and thus their employer’s insurance. Employer’s liability insurance is compulsory. The stakeholder groups and the trade unions have been excellent over the years. I pay tribute not only to them but to Members across the House for representing people with mesothelioma, because it is a horrible and terminal disease. The employers who put those people into this position should be liable. This has to be a scheme of last resort.
Kate Green: Can the Minister say what progress he and the Government are making in order to obtain employers’ records from HMRC? He is right that most people will be able to make a claim against an employer, but they will need to be able to obtain those records to do so.
Mike Penning: The hon. Lady is absolutely correct, and we are still working with HMRC to ensure that that happens. If necessary, we will introduce legislation. However, at the moment, the Data Protection Act prevents us from doing that. I explained that in Committee. I am sure that that was never the intention, but it is one of the restrictions that the Treasury lawyers have had to look at.
I want to deal with a couple of issues quickly because I do not want to delay the House. Should beneficiaries of someone who qualifies under the scheme—not dependants or loved ones—get a payment? The answer is that they will not, because the scheme is designed specifically for the sufferers of this terrible disease, their loved ones and their dependants to allow them to get on with their lives.
On the £7,000 payment, we will look enormously closely with the Association of Personal Injury Lawyers, our own lawyers and the Ministry of Justice to ensure that no rip-offs take place.
Ian Lavery rose—
Mike Penning: Bear with me for a second, because I need to make a tiny bit of progress on this.
The scheme is as simple as we can possibly make it. There is a huge amount of skill out there among the stakeholders who know this disease and the compensation scheme back to front. I think that quite a bit of the £7,000, if not most of it, will stay with the people who are claiming.
Ian Lavery: Does the right hon. Gentleman share my fears that once the £7,000 becomes common knowledge there will be claims farmers advertising in every paper up and down the country? Can the Minister say whether claims farmers will be able to claim part of that £7,000, or is it strictly for the legal profession?
Mike Penning: It is being paid directly to those who are beneficiaries of the fund, and it is for them to decide who they pay it to. When we introduced these regulations, I was absolutely adamant that the lawyers should not get direct payments from this scheme. I am not a lawyer and I have seen what happened before, but because everybody knows exactly where we are and how simple the scheme is I would tell the stakeholders and everyone else to shop around to make sure that they are not ripped off. There are decent lawyers out there even though there are some scallywags as well.
The four-year review, which the shadow Minister specifically asked for, is in place. This is an important set of regulations that will ensure that we get this compensation through as soon as possible. I have not been able to answer all the questions that have been asked this evening, but I will write to hon. Members, including those on the Opposition Front Bench, with the answers. I hope that the House will pass the regulations this evening so that we can get the compensation to those who deserve it so much.
Question put and agreed to.
Resolved,
That the draft Diffuse Mesothelioma Payment Scheme Regulations 2014, which were laid before this House on 3 February, be approved.
Sign up for updates
