I am making it clear to the Minister that I will be satisfied only if the secondary legislation and the code of practice really do the job for which the hon. Gentleman asks. When trade unions act as claims handlers, they must be treated as claims handlers. I do not, in principle, object to unions charging a reward fee for a successful claim. I know the benefit that will result if the money is used by the trade union movement for other activities, such as taking on test cases. However, I believe that it must be absolutely clear that the claimant understood the nature of the contract when he signed it. It is obvious from the whole claims scenario that that has not been happening.
The Minister is right, in the short term, to want to regulate claims handlers through the Department, but I hope that that is an interim solution. I should like there to be a regulatory framework separate from the Department. As others have said, a new legal services board will provide useful opportunities, but in the long term I should like to see more independence.
A number of my hon. Friends have mentioned the Barker case and asbestosis. I am impressed by what the Minister has said publicly today and privately to colleagues who have pressed her on the issue: that the Government will try to establish a process to resolve it. This is a matter of life and death. It is also a matter of simple fairness and simple justice. I cannot understand the House of Lords judgment, and I hope that we will act with equity and fairness to resolve the issue. Although I probably do not need to do so, I seek an assurance from the Minister that over the next few days, and certainly in the next fortnight, we shall be able to engage in discussions about the process or mechanism that is required.
I mentioned pleural plaques earlier. I accept that the litigation is now further down the road. The Court of Appeal has put many hundreds of cases on hold and the claimants are waiting for them to go to the House of Lords, but I know people who are suffering with pleural plaques, I know the history of payment over 20 years, and I know that—as with the Barker case—the law is changing fundamentally for working people. I hope that we will act with social justice again to resolve the cases of people who, through no fault of their own and through the fault of their employers, have been disadvantaged and put at risk.
This is a good Bill, which has been improved in the other place. It is concerned with the essential elements of looking after claimants and workers. I am conscious, however, that we must work hard to improve it even more. We are heading in the right direction. As we say, much has been achieved, but much more needs to be done.
Compensation Bill [Lords]
Proceeding contribution from
Paddy Tipping
(Labour)
in the House of Commons on Thursday, 8 June 2006.
It occurred during Debate on bills on Compensation Bill (HL).
Type
Proceeding contribution
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447 c468-9 
Session
2005-06
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