Compensation Bill [Lords]

I shall deal with that point in a moment. We should not forget that unions are constantly working to prevent the injuries that lead to claims in the first place. That is a very important distinction between trade unions and claims farmers. Whereas such companies choose to maximise profits, trade unions seek to maximise protection for their members and my constituents. Trade unions represent more people making personal injury claims than any other body, so it is important that unions are not undermined in the eyes of their members by being lumped together with disreputable claims companies. Trade unions do need regulation, and I shall deal with that. The TUC has outlined a number of reasons why union legal services are usually completely different from claims farmers. First, unions are already heavily regulated. Secondly, when a member makes a claim, the union will work for a fair settlement, often to keep medical and legal costs to a minimum. Thirdly, as my hon. Friend the Member for Blaydon (Mr. Anderson) said, unions’ primary task is to protect their members. Fourthly, unions link the work that they do on compensation with work on prevention. Fifthly, unions do not automatically steer their members towards claiming compensation from their employer: many union claims are made to state compensation funds, which is an entirely legitimate task. It is for those reasons that unions and certain not-for-profits need a specific exemption in the Bill. I applaud the Government’s statement that they will be afforded an exemption in regulations, but it is important that in drawing those up it is clear that trade unions have to operate within a code of practice, and that if they act like claims farmers, they must be treated as such. I am sure that all hon. Members would accept that. I want to say a few words about the Barker ruling on mesothelioma victims, which has acted very much against their interests. The Government have called it ““disappointing”” and pledged to consider a response to it. I urge them to respond soon. In my opinion, the judgment fails to recognise the realities of the problems that the victims are facing. It is often impossible for them to show which particular employer caused the disease, so several previous employers are thrown into the frame. The former Association of British Insurers scheme dealt with that complexity, but that is no longer possible. It is impractical for the claimant to trace everyone concerned, especially because, as my hon. Friend the Member for Hendon (Mr. Dismore) observed, they often have only a short time to live after the disease has been identified. It is important that the Barker ruling does not influence the judgment that we are awaiting on pleural plaques. Like many MPs who represent ex-mining areas, several people who come to my surgeries suffer from such diseases, and we must ensure that they are protected. I urge my hon. Friend the Minister to take action as soon as possible.